Government is supposed to find solutions to disputes like the one over the Waldorf School expansion. Instead, it's become part of the problem.

Waldorf, a small private school for preschoolers through Grade 8 in Niu Valley, wants to add a two-story, 10,395-square-foot high school on the site. The city Department of Planning and Permitting has issued a conditional use permit that attempts to set boundaries aimed at reducing neighborhood disturbances.

But some of the neighbors doubt the school will toe the line on the conditions and have asked the city Zoning Board of Appeals to rescind the permit.

Unfortunately, that request has stalled because three members of the board have cited relationships with school leaders or with the school itself and have recused themselves from voting. The city's Office of Corporation Counsel has scanned regulations and decided that, although provisions are made for replacing temporary vacancies, they don't apply to situations where votes are withheld.

So the school has sued to close out the appeal request, arguing that the zoning board has used up its allotted time to render a decision and pointing to rules suggesting that the request must be voided.

It's distressing that the city has no legal remedy to deal with this situation. While the wheels are in motion to fix the rules governing boards and commissions, making either the neighbors or the school endure a protracted rulemaking process is unfair: The school is held hostage and the court case could shut down neighbors' rights to appeal.

It would appear from the terms laid out in the conditional use permit that the city has done a reasonable job of weighing the school's legal rights to its property use against those of the neighbors. Clearly, a high school is an allowable use of residentially zoned property if a conditional use permit is secured.

The city is compelling Waldorf to boost off-street parking, develop a plan for controlling traffic, limit noise on campus and conduct large after-hours events off campus and make other concessions to the neighborhood, as it should. If these conditions aren't met, there are provisions in the city code for enforcement.

The city needs to fix the rules to enable such appeals. But if the new rules are to apply to this case, the city had better move fast. It's wrong to penalize the school for a loophole of city governance.