Sauk Rapids faces lawsuit after denying Somali school permit

FOLEY — The company that owns a building in a Sauk Rapids industrial park and the man who had hoped to open a school there catering to Somali children have sued the city after it denied them a conditional use permit for the proposed Hashiro Academy.

The school would have been for Somali preschool children during the day and grades kindergarten through eight after school. It would have offered help with English proficiency, math and completing homework. Also proposed was a licensed day care attached to the school.

Northstar Properties, which owns the building in question, along with Ismail Ali, who would have operated Hashiro Academy, have sued the city. They contend the city’s grounds for denying the conditional use permit were legally insufficient and didn’t follow the requirements of the zoning ordinance.

They also contend the city denied the permit because of the “race of the tenant and the race of the clients he intends to serve,” according to the lawsuit.

The city has filed a motion to dismiss the lawsuit, and that is awaiting a decision from Benton County District Court Judge Michael Jesse.

The suit involves a property at 1007 Industrial Drive, next door to North Crest Gymnastics and Dance. The building has classrooms and educational support spaces and has been used as an educational facility since 2003, according to the lawsuit.

The lawsuit contends the use proposed by Northstar owner Jim Knoblach and Ali is no different than what has been happening at that building previously, except for the race of the operator and its clientele.

The conditional use permit was denied by a 6-1 vote of the Sauk Rapids Planning Commission, with members raising safety concerns about locating a school in an industrial area. The City Council denied the permit in a 3-2 vote.

One council member at the time said he was offended at the implication that the city would deny the permit because of the race of the applicant.

sctimes.com