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What inferences can be drawn from the silence of municipal officials who vote to reject a request to rezone property to provide housing for the disabled? In Step By Step, Inc. v. City of Ogdensburg, a federal district court inferred discriminatory intent, and ordered the City Council to approve the rezoning request.
The Facts
Step by Step (SBS) bought a former elementary school located in a district zoned for single-family residences. SBS planned to redevelop the site into a facility providing rental office space, in addition to supportive housing and mental health support services for mentally ill patients. Approval of the project would require an amendment of the zoning map to create a Planned Development District (PDD) on the site. The City Code sets forth a number of criteria for evaluating a proposed PDD, including but not limited to consistency with the comprehensive development plan, protection of established uses, adequacy of roads, water supply, and sewage disposal.
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