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.