METHADONE CLINIC BLOCKED FOR NOW

Second Hearing Expected In Montgomery, DA Says

Attorney Robby Owens said Monday he expects the case for the county's first
methadone clinic to go to a state board in Montgomery before methadone
treatment begins in Saginaw.

On Friday, Shelby County Circuit Judge Dan Reeves issued a preliminary
injunction against Shelby Treatment Center.

Reeves upheld a temporary restraining order he had issued last month
against the drug treatment center.

Much of Friday's hearing centered on whether the public notice given for
the proposed methadone clinic was sufficient.

News of the proposed methadone clinic first spread to most county residents
through local media on Nov. 25. The time period for registering to oppose
the clinic during the certificate of need hearing in Montgomery ended Feb. 5.

During Friday's hearing, Reeves asked an attorney representing applicants
of the methadone clinic why certain local legislators were never informed
of the clinic's opening. At least one legislator, Mary Sue McClurkin, was
informed in October, along with media outlets.

In January, Susan Staats-Sidwell and Dr. Glenn Archibald were issued a
certificate of need from the state Health and Planning Development Agency
to open Shelby Treatment Center. The certificate permitted the applicants
to administer methadone, a prescription drug used to combat addiction to
pain killers and heroin. Originally, the clinic applicants intended to open
the center in Calera. After failing to secure a lease, they found a
location in unincorporated Saginaw on U.S. Highway 31.

Clinic attorney David Belser said during Friday's hearing that his clients
had not violated procedures for opening the clinic. Belser has said
securing the certificate of need is the only legal obstacle for opening a
clinic.

"Our job was over with when they got the certificate of need," Belser said.

When clinic officials found out they could not secure a location in Calera,
Belser said, they filed a project modification on May 24 with the state agency.

According to Owens, a new location in Saginaw was chosen eight weeks after
the Feb. 5 date when the opportunity to appeal the clinic expired. Owens
also contended that the Saginaw facility was bought before the applicants
filed the project modification.

"It was a trick," Owens said of the late location change.

Owens, along with Mickey Johnson, a Pelham attorney representing clinic
opponents in Saginaw, said the community was not notified sufficiently of
the forthcoming clinic.

Every seat in Reeves' courtroom was filled Friday, mostly by opponents of
the clinic.

"These people didn't get notice," Johnson said. "They have a right to get
notice. We're attempting to exercise the right to be heard."

Belser said he originally filed and published notification of the clinic's
opening in October, but it indicated the clinic would be in Calera. No
additional notification was required for the change of location, since a
certificate of need applies to the entire county, Belser said.

Alva Lambert, director of the state agency, granted the project
modification on May 24.

"I'm asking the court to dismiss this petition on those grounds," Belser said.

Both parties seemed pleased with certain results of Friday's hearing.
Belser said he felt the Shelby County circuit court had no jurisdiction to
hear the case.

"My position is we need to be in Montgomery County instead of Shelby
County," Belser said.