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Ogdensburg approves Step by Step zoning request to comply with federal court order

Posted 4/19/16

By JIMMY LAWTON OGDENSBURG -- Ogdensburg City Council approved a zoning change for the former Lincoln School Monday to comply with a court order. The special meeting was called after a federal court …

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Ogdensburg approves Step by Step zoning request to comply with federal court order

Posted

By JIMMY LAWTON

OGDENSBURG -- Ogdensburg City Council approved a zoning change for the former Lincoln School Monday to comply with a court order.

The special meeting was called after a federal court judge ordered the city to approve the zoning change by April 20.

“The City of Ogdensburg hereby approves Step by Step, Inc.'s application to establish a Planned Development District with regard to the property located at 1515 Knox Street, Ogdensburg, New York and to operate a facility providing supportive housing, respite I hospital diversion housing, rental office space and mental health support services to individuals with mental illnesses according to and as required by the Order,” the resolution says.

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, but granted an extension until April 20.

In his decision Hurd said city received the order to approve the application on April 5, and “very well could have added such approval to the agenda of its regularly scheduled April 11, 2016 meeting.”

He added that the city could have held a special meeting at any time prior to April 15 to approve the application.

“However, the City failed to hold such a special meeting. As plaintiff notes in its opposition, plaintiff’s application was denied at a special City Council meeting on May 28, 2015, two days after its regularly scheduled May 26, 2015 meeting,” Hurd wrote. “Therefore, the City is aware of its ability to hold special meetings and the public notice requirements associated with such meetings. The same process could have been utilized to approve plaintiff’s application and comply with the April 5, 2016 Memorandum, Decision & Order.”

Hurd said the city’s argument that the complexity of the case is causing defendant’s delay is “specious.” “The April 5, 2016 Memorandum, Decision & Order is clear and unambiguous in its directive. The City Council was to approve plaintiff’s application on or before April 15, 2016. Nothing could be simpler,” he wrote.