Pubdate: Sat, 27 Jan 2001
Source: Morning Call (PA)
Copyright: 2001 The Morning Call Inc.
Contact:  Box 1260, Allentown, Pa. 18105
Fax: (610) 820-6693
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Author: Bob Wittman

JUDGE BACKS ALLENTOWN ON DRUG REHAB SITE

Ford upholds a zoning rule and determines that White Deer Run counseling 
service is too close to other ones.

Lehigh County Judge William E. Ford has denied the zoning appeal of White 
Deer Run, which wanted to continue to offer drug and alcohol counseling at 
1132-36 Hamilton St. in Allentown.

Although White Deer Run had operated administrative offices at the address 
for several years, the city discovered last year that it was also offering 
individual and group counseling to clients in violation of Allentown's 
zoning code.

Under the zoning law, drug and alcohol treatment centers are permitted in 
the B-2 business district by special exception, but not if they are within 
1,000 feet of existing drug and alcohol treatment centers.

Confront Inc. at 1130 Walnut St. is 310 feet from White Deer Run, and Haven 
House at 1108 Walnut St. is 387 feet from the treatment center.

White Deer Run argued that the distance requirement is arbitrary and has no 
impact on public health, safety or the general welfare of the community, 
but Ford disagreed. In his decision, the judge noted that, in the public's 
mind, an overconcentration of drug and alcohol treatment centers has a 
negative effect on property values, for instance.

The treatment center argued that, as an outpatient facility, it is 
different from other uses subject to the distance requirement, all of which 
have a residential component to them.

But Ford said he could find no restriction under state law that limited the 
distance requirement to residential treatment facilities.

In its final point, White Deer Run argued that its operations should be 
viewed no differently than offices of psychiatrists or psychologists, who 
often offer drug and alcohol treatment and are not subject to the 
1,000-foot rule.

Again, Ford disagreed. He noted White Deer Run's clients are referred from 
the criminal justice system. The treatment offered is exclusively for drug 
and alcohol addiction, and some client testing is performed there to 
monitor compliance with the requirements of the program.

In addition, the qualifications and certification of drug and alcohol 
treatment centers is different from those of professional offices, the 
judge wrote in his opinion.

White Deer Run's Regional Director Michael Ogden and attorney Emil Kantra 
of Fitzpatrick Lentz & Bubba were reviewing the decision -- dated Thursday 
, but released Friday -- and had no immediate comment.

Allentown's zoning office denied White Deer Run's application on Aug. 17. 
The treatment center appealed the denial in a hearing before the zoning 
board on Oct. 11 and Nov. 15.

The board ruled against White Deer Run on Nov. 22, and the agency appealed 
the ruling before the court.

Several Walnut Street residents, including City Solicitor Robert P. Daday 
Jr., testified against the treatment center at the hearing before the 
zoning board.
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