Pubdate: Tue, 11 Nov 2003
Source: Sun News (Myrtle Beach, SC)
Copyright: 2003 Sun Publishing Co.
Contact:  http://www.myrtlebeachonline.com/mld/sunnews/
Details: http://www.mapinc.org/media/987
Author: David Klepper, The Sun News
Bookmark: http://www.mapinc.org/find?136 (Methadone)

COUNTY CAN'T RETHINK CLINIC UNTIL RULING

Decision on Methadone Facility Expected Shortly

Horry County's zoning board cannot, for now at least, reconsider its
decision to allow the county's first methadone clinic.

Circuit Judge John Breeden decided Monday morning that he needs more
information before deciding if the county can reconsider its approval
of the clinic.

Lawyers on both sides expect to give more information to the court
today. Breeden could decide as soon as Wednesday. Until then, he has
issued a temporary restraining order to stop the zoning board from
taking up the issue.

The county's Board of Adjustments and Zoning Appeals approved the
clinic in July 2002. But after residents raised concerns that the
clinic would bring drugs and crime to the area, S.C. Rep. Thad Viers,
R-Myrtle Beach, asked the board to reconsider.

The board was set to vote on Viers' request Monday night. Now, it must
wait until Breeden decides whether the zoning board has the power to
revisit a decision it made 16 months ago.

Methadone is an addictive drug used to treat addiction to OxyContin,
heroin and other opiates. Opposition to an earlier, failed attempt to
open a clinic in Socastee prompted greater restrictions.

Even if Breeden allows the board to reconsider, the board may vote to
stand by its approval.

Several parents whose children attend nearby Bridgewater Academy came
to Monday's board meeting to voice their concerns, but because of the
injunction, they were not allowed to speak.

"Our parents are in an uproar," said the school's director, Carol
Merrill, who did not attend the meeting. "We're four-tenths of a mile
away, and they haven't even considered us."

The county requires a 2,000-foot separation between methadone clinics
and schools, homes or houses of worship. The board waived those rules.

The owners of the clinic asked the courts to block Viers' request. The
attorney for the clinic, Reynolds Williams, said it would be unfair to
reconsider.

The county has no set time limit for reconsidering requests. State law
suggests a 30-day time period.

Since the zoning aboard approved the clinic, owners have spent
$400,000, hired a staff and begun the state's permit process,
according to an affidavit filed by the clinic's attorneys.

The clinic is still waiting on state permits before opening.

Monday's court hearing focused not on the value of methadone treatment
but on whether the board has the authority to reconsider now.

If the reconsideration goes ahead, Williams said the precedent would
put "every business owner and homeowner in the state in jeopardy" by
opening rezonings to perpetual reconsideration.

John Zilinsky, the attorney for the zoning board, disagreed, saying
the board should be allowed to do its job. Viers said the board
shouldn't be "circumvented through injunction."

On Friday, when Viers learned the clinic was asking a judge to rule,
Viers said, "They forget in this state that I get to vote on the
judges." He later said the comment was not serious and prompted by
anger.

Before the hearing began, Breeden warned that "intimidation and veiled
threats cannot be allowed," and he promised to "rule without fear or
favor."
- ---
MAP posted-by: Richard Lake