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Ogdensburg to seek extension on Step by Step zoning change as court ordered Friday deadline looms

Posted 4/13/16

By JIMMY LAWTON OGDENSBURG – Ogdensburg City Council did not take action to approve a federal court ordered zoning change Monday and will seek an extension on the injunction. Step by Step Inc. is …

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Ogdensburg to seek extension on Step by Step zoning change as court ordered Friday deadline looms

Posted

By JIMMY LAWTON

OGDENSBURG – Ogdensburg City Council did not take action to approve a federal court ordered zoning change Monday and will seek an extension on the injunction.

Step by Step Inc. is suing the city of Ogdensburg in federal court, alleging violations of the Fair Housing Act and Americans with Disabilities Act.

Step by Step’s attorney filed the lawsuit and requested preliminary injunction ordering the city to approve the application. The court ordered the city to approve the zoning application in order to establish a mental health facility consistent with its application.

The city was ordered by Judge David N. Hurd to file its approval with the clerk of the court on or before April 15, according to court documents.

Council met Monday, but did not publicly discuss the lawsuit, the injunction or the zoning change. The council did host a lengthy executive session Monday, but took no action.

City Manager Sarah Purdy, Ogdensburg Mayor Wayne Ashley and City Attorney Andrew Silver could not be reached for comment Wednesday.

City Planner Andrea Smith said the council would need to take action for the zoning change to take place, but directed other questions to attorney Silver. Since city council business must be conducted in public a special meeting would be needed to meet the court’s April 15 deadline.

“It is my understanding the attorneys are working on that,” she said.

Deputy Mayor Michael Morley later confirmed that Silver was seeking to extend the deadline to April 25.

However, an attorney for Step by Step said he was unaware of any requests for an extension of the deadline imposed by the court.

Step by Step, a non-profit mental health service provider at 103 Ford St. filed suit in July claiming the city has discriminated against its clients by denying a zoning change for a former school building they wanted to use.

Step by Step bought the former school at 1515 Knox St. in September of 2014 and petitioned city lawmakers to rezone the parcel from single family residential to a planned development district.

Step by Step’s request drew public outcry from area residents who feared the rezoning would lead to reduced property values and change the atmosphere of the neighborhood.