By JIMMY LAWTON

OGDENSBURG – City council went behind closed doors to discuss a possible lawsuit regarding the controversial Adaptive Reuse District Monday.

Ogdensburg Mayor William Nelson said the city has received no formal indications of a lawsuit, but said “there has been talk” of potential litigation regarding the city’s plan to establish a law that would rezone former schools, churches and businesses located in residential areas to loosen restrictions.

The plan has drawn criticism from residents who live near buildings included in the ARD. Many people have claimed the plan is the equivalent of spot zoning, which is an illegal practice. However, City Planner Andrea Smith says the process is legal and in fact mimics a similar law that already exists for parcels of 2 or more.

Despite the threats of litigation, Nelson said the board plans to move ahead with its plan. He said proposal has undergone extensive legal review and he expects the board to pass the Adaptive Reuse Plan, which has been stalled for various reasons for more than six months.

The latest version of the ARD proposal eliminates the joint commission, which was a board created for the sole purpose of reviewing and accepting development of properties within the proposed Adaptive Reuse District.

Instead, approval will be needed from the Zoning Board of Appeals, City Council and the Planning Board.

The proposal would give city council the ability to deny applications for development that were approved by the zoning board of appeals, with a simple majority of votes. However, if the city wants to approve a plan that has been denied by the ZBA or County Planning office, it would require a super majority vote.

City Manager John Pinkerton said this restriction stems from state law.

Councilors briefly discussed the ARD Monday, and made plans to set a public hearing regarding the law, which would likely take place in April.