By JIMMY LAWTON

OGDENSBURG – Ogdensburg has been ordered to approve Step By Step’s zoning request after a judge granted an injunction, according to court documents obtained Tuesday.

“(Step By Step) has demonstrated, by a clear showing, the necessary elements required for injunctive relief to be entered in its favor. As a result, equitable powers will be exercised to prevent the City from continuing discriminatory action against Step By Step,” court documents say.

The 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.

It was eventually denied by city council.

Step by Step is suing the city of Ogdensburg in federal court, alleging violations of the Fair Housing Act and Americans with Disabilities Act. Step by Step Attorney Carlo De Oliveria filed the lawsuit and requested preliminary injunction ordering the city to approve the application.

According to court documents, that request has been granted. The city countered with a request to dismiss, which was denied.

“The City will be required to approve SBS's application to establish a PDD at the Site in order to establish a mental health facility consistent with its application,” court documents say. “However, pursuant to the City Code, approval of a PDD application does not permit an approved use to operate immediately.”

Step By Step is still required to submit a final development plan to the City Planning Board for site plan review prior to issuance of a building permit.

“The City may still require such submissions, but is advised that such review shall be consistent with the criteria delineated in the City Code, absent of any improper prejudices, and without additional conditions, unreasonable or overly stringent interpretation of provisions of the zoning regulations, or other undue delay.”

A preliminary injunction in itself does not end the suit. The injunction forces the city to approve the zoning request until the case has been decided.