Council’s ruling was arbitrary
The Moscow city zoning code administrator determined that the premises at 414 S. Main St. in Moscow may be used for an art gallery, but may not house the offices needed to administer the gallery. This decision, disputed by the building owners (Rootforest LLC) and the tenants (New Saint Andrews College), was appealed to the City Board of Adjustment.
The board heard the appeal and discussed its merits in depth. The members struggled with the intricacies of the case, but reached the conclusion that they agreed with the appellants. They did, however, feel that the final decision in an important case like this should be made by an elected body, i.e. the city council. The board overturned the code administrator’s ruling, with the explicit expectation that the city council would make the final determination upon further appeal.
The city council heard the case in a public meeting (without public input), but their discussion revolved solely around the perception that the Board of Adjustment’s decision was “arbitrary” because it included the expectation that the case would be further adjudicated by the council. At no time in their deliberations did the council members address the actual merits or demerits of the case and/or the code interpretations involved.
The fact that the city council overturned the Board of Adjustment’s decision on the basis of its perceived arbitrary nature makes the council’s ruling arbitrary as well and leaves the case de facto unresolved.
Ray von Wandruszka
Moscow
