Pubdate: Mon, 22 Nov 2004 Source: Birmingham News, The (AL) Copyright: 2004 The Birmingham News Contact: http://al.com/birminghamnews/ Details: http://www.mapinc.org/media/45 Author: Joseph D. Bryant Bookmark: http://www.mapinc.org/find?136 (Methadone) APPEAL FILED IN SHELBY METHADONE CLINIC CASE Owners of a proposed methadone clinic in Shelby County are asking an appeals court to lift a judge's order that's keeping the clinic from opening. Attorneys representing the Shelby County Treatment Center filed an appeal Friday with the Court of Civil Appeals in Montgomery. "It seems to me that this case is clear; that Shelby County Treatment Center did not violate any rule, regulation or law," said lawyer David Belser. "In fact, the plaintiffs themselves didn't even present any evidence during the four days of the trial." In October, Shelby County Circuit Judge Dan Reeves ruled that clinic owner Susan Staats-Sidwell and her partners denied Saginaw residents the right to participate in public discussion before the clinic won state approval. The clinic's location was not made public until it was too late for meaningful protest, Reeves found. Methadone is a prescribed drug taken by mouth to reduce the desire for drugs such as painkillers and heroin. The clinic would be the first of its kind in Shelby County. Clinic owners originally planned to operate in Calera, but the location was changed to Saginaw, just outside Alabaster, after the state Health Planning and Development Agency issued a certificate of need allowing the clinic to operate. The board later approved a modified application listing Saginaw as the clinic's location. News of the plans sent Saginaw residents rallying in protest, which led to the lawsuit to prevent the clinic's opening. Clinic owners maintained that the state certificate applied to the entire county and there was no need for another hearing after changing locations. Saginaw residents were represented by Shelby County District Attorney Robby Owens and lawyer Mickey Johnson. Owens said he had expected clinic owners to file an appeal. But he's not worried. "I'm satisfied that the order reflects the testimony, and I'm confident that the appellate court will uphold the judge's ruling," he said. "We asked for a simple due process and nothing more than the right to be heard." Owens said Saginaw residents simply wanted a chance to participate in the approval process, and Reeves understood their plight. The clinic skirted public comment through a technical flaw in the state regulations, Owens said. Staats-Sidwell disputed that assertion. "We have high hopes because we did everything right," she said. "We followed the rules, and when you do follow the rules, that should prevail." Belser said it will be a few weeks before the court schedules time to review the case. "The evidence is limited to what was presented in open court; therefore, I feel very confident that we will prevail in the appellate process, because the plaintiffs presented no evidence," he said. - --- MAP posted-by: Larry Seguin