By JIMMY LAWTON

OGDENSBURG -- Ogdensburg has filed a notice of appeal regarding a court order that forced the city to approve Step By Step's zoning request as part of an ongoing discrimination lawsuit.

Step by Step’s attorney filed the lawsuit against the city in October and requested preliminary injunction ordering the city to approve its application to rezone the former Lincoln School. Step by Step, a non-profit mental health service provider, purchased the school with hopes of moving operations to there from its Ford Street location.

The city initially denied the zoning request after many residents in the neighborhood expressed concerns about Step By Step’s plans for the former school. That prompted a lawsuit and court ordered injunction that forced the city to approve the zoning application.

The appeal filed by the city affords the Ogdensburg the ability to appeal the injunction ordered by Judge David Hurd April.

However, a letter from Sugarman Lawfirm, which represents the city, says the Ogdensburg has "requested a settlement demand" from Step By Step's Attorney in an effort to "resolve this matter and move forward."

In his ruling on the injection Hurd suggested monetary damages for Step By Step and its clients were in order.

"In essence, the discrimination against SBS yielded two separate and cognizable injuries. The first injury, the monetary loss concerning operational expenses, was only suffered by SBS itself, and dictates a remedy of monetary damages. The second injury, the discrimination against SBS's mentally ill clients who are unable to obtain supportive housing and services from the unopened facility, are suffered in part by SBS's clients, and in part by SBS itself. This injury dictates an equitable remedy," Hurd said.

Step by Step is expected to come up with a monetary settlement number to address the perceived monetary damages stemming from the alleged discrimination.