Pubdate: Thu, 09 Jan 2003 Source: Johnson City Press (TN) Copyright: 2003 Johnson City Press and Associated Press Contact: http://www.johnsoncitypress.com/ Details: http://www.mapinc.org/media/1983 Author: James Watson JUDGE DELAYS DECISION ON CITY METHADONE CLINIC There was no decision made Wednesday by a state judge who heard arguments over a methadone clinic locating in Johnson City. State Administrative Law Judge James A. Hornsby heard from both sides of the issue as they argued over motions regarding last year's approval of a certificate of need granted to the controversial clinic, but the judge decided to hold off ruling in the case until a later time. "We have been told the judge has taken everything under advisement," Chamber of Commerce Executive Vice President Gary Mabrey said Wednesday night. The chamber has joined forces with a long list of public and private organizations that are working to keep the Johnson City Addiction and Treatment Center LLC from opening a facility planned for 200 W. Fairview Ave. The clinic would primarily utilize methadone, which is synthetically manufactured and used as a substitute for the treatment of people dependent on heroin and other opiates. Clinic opponents have appealed the granting of the CON and will have the case heard in July, but they hoped a recent motion filed with Hornsby's court would make the new hearing unnecessary. The motion maintains that the now-defunct Health Facilities Commission did not have a quorum when it voted to approve the CON in June, and thus the decision is invalid. All nine members of the commission were present for the vote, but Commissioner Janet Jones had to recuse herself from the decision because she was a Johnson City resident and her husband, John Jones, was active with many of the organizations opposing the clinic. Officials with the clinic filed a countermotion to have the opponents' argument dismissed. City Commissioner Steve Darden, who has been a leader in the opposition against the clinic, said it is common for judges to take time in considering such subjects. "It's pretty rare that any judge would make a ruling on the spot," Darden said Wednesday night. "I don't think anything should be read into that as far as what (Hornsby) may ultimately do." Darden said he also believes more evidence may need to be presented to the judge by both sides in the coming weeks before a decision can be reached. But as for when the judge may come to a decision, Darden - who is also an attorney - said there is no specific deadline for a judgment. "There is not a magic time frame," he said. Though some members of the opposition were guessing about the possible outcome regarding Hornsby's decision, Darden said doing so was irresponsible. "Speculation on how he will (decide) or when he will (decide) is nothing more than that: speculation," the commissioner said. Numerous community members have been concerned a methadone a clinic would attract large numbers of drug users to the area and especially to downtown Johnson City, which is undergoing a revitalization. Officials with the clinic had originally hoped to have it operating in the city by this month, but the ongoing legal battle has hampered efforts. - --- MAP posted-by: Alex