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Zoning Bulletin June 25, 2016 I Volume 10 I Issue 12 <br />could not establish a likelihood of succeeding on the merits of its claim <br />that the Dispensary Operators were operating an unauthorized <br />dispensary. Finding that the County failed to establish the first factor <br />necessary for the grant of a preliminary injunction, the court reversed <br />the order granting the preliminary injunction. <br />Rezoning/Discrimination—City <br />denies mental health service facility <br />application for a planned <br />development district <br />Facility operators contend that denial was <br />based on intentional discrimination in <br />violation of the Fair Housing Act and <br />Americans with Disabilities Act <br />Citation: Step By Step, Inc. v. City of Ogdensburg, 2016 WL 1319081 <br />(N.D. N.Y. 2016) <br />NEW YORK (04/05/16) This case addressed the issue of whether <br />an applicant for a planned development district established a prima <br />facie (i.e., on its face) case of intentional discrimination against a city <br />due to the city's denial of the application. <br />The Background/Facts: Step by Step, Inc. ("SBS") is a New York, <br />not -for -profit corporation that provides outpatient mental health <br />services. SBS was providing its services at a location in Ogdensburg, <br />New York (the "City"). In September 2014, SBS purchased property at <br />another location (the "Site") in the City, which was a former elementary <br />school and was in an area zoned for single family residential structures. <br />SBS hoped to move its services to this Site. It proposed that at the new <br />Site it would provide "supportive housing, respite/hospital diversion <br />housing, rental office space and mental health support services" to its <br />mentally ill patients. <br />In April 2015, SBS filed an application with the City to rezone the <br />Site from a single family residential district to a planned development <br />district ("PDD"). After public hearing, consideration by the City and <br />county planning boards, the City Council ultimately voted against <br />SBS's PDD application. <br />SBS then filed a legal action, seeking a preliminary injunction and a <br />court order directing the immediate approval of SBS's PDD <br />©2016 Thomson Reuters 9 <br />