Pubdate: Tue, 17 Sep 2002
Source: Kingsport Times-News (TN)
Copyright: 2002 Kingsport Publishing Corporation
Contact:  http://www.timesnews.net/index.cgi
Details: http://www.mapinc.org/media/1437
Author: Matthew Lane
Note: Article trails off at end per source.

JCDA MAY BE ONLY ORGANIZATION WITH LEGAL STANDING TO CHALLENGE METHADONE CLINIC

JOHNSON CITY - The Johnson City Development Authority may be the only 
organization to have legal standing to appeal the decision of a methadone 
clinic opening within the city, officials said Friday.

Craig Torbett, who is on the JCDA board of directors, made this statement 
to his fellow directors Friday morning at the JCDA's monthly meeting.

The Tennessee Health Facilities Commission approved the Johnson City 
Addiction Research and Treatment Center with an 8-0-1 vote in June.

Under THFC law, anyone wishing to file a letter of intent to appeal has 30 
days from the day of the approval in which to do so.

However, in June the THFC was dissolved, and the Tennessee Health Services 
and Development Agency was created in its place.

Under THSDA law, appeals must be filed within 15 days of an approval.

Dan Porter, executive director of the JCDA, said the authority just made 
the deadline.

"The old law allowed opponents of a certificate of need to submit a letter 
of intent to appeal. They had a 30-day window to appeal. The new law says 
you only have a 15-day window," Porter said. "A number of people did get 
their letters of intent in, but not within the 15 days. We just happened to 
get ours in on the 15th day."

Frontier Health, the James H. Quillen College of Medicine at East Tennessee 
State University, the chamber of commerce, Central Baptist Church, St. 
John's Episcopal Church, Watauga Insurance, Asbury Center, and the city of 
Johnson City have all filed appeals to the THFC's ruling.

"Everyone still believes that the new law should apply, but we don't need 
to fight which law applies if we've got someone who has legal standing," 
Porter said.

"It's not just our fight. It's a city fight," said Betty Anderson, chair of 
the JCDA.

In order to get the fight going, the JCDA voted Friday to allocate $2,500 
toward the retainer of Nashville attorney Gayle Malone.

When JCDA members heard that Malone's total retainer to take their case was 
$25,000, questions began circulating as to whether or not the other 
organizations would help pay the bill.

"There is a strong indication that a lot of the organizations vigorously 
want to pursue this," said Torbett. "How much, I don't know."

City Manager Mike West, who attended Friday's meeting, said the decision 
would be up to the City Commission on how much money the city would pitch in.

"We need to build a coalition for the appeal," West said.

"We'll have to look at that and see how it fits into the budget. I can't 
even begin to address that issue since the city's budget is very tight," 
said Commissioner Ricky Mohon, who attended Friday's meeting. "I think all 
of the organizations are going to come to the forefront with the
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MAP posted-by: Larry Stevens