BETHANY WINS COURT RULING AGAINST CENTER

BETHANY -- The city has won a victory in the state Court of Civil Appeals
to prevent a drug and alcohol treatment center from opening near two
schools and a children's hospital. An Oklahoma County District Court ruling
in May left open the possibility that Broadway Place LLC could open the
Windgate Treatment Center at 6900 NW 39 Expressway.

The appeals court ruling last week has removed that possibility.

Richard Laquer, an attorney representing Broadway Place, said his clients
have not decided whether they will appeal the decision to the state Supreme
Court.

David Davis, Bethany's city attorney, said the ruling "vindicated" the city
council.

Broadway Place sued the city in February 2002 after city leaders tried to
prevent the company from opening the center. The city council, after
learning of Broadway Place's plans, approved a moratorium on the
establishment of treatment centers in the city.

Broadway Place owners sued, complaining that was unfair because they had
already been granted a business license by the city and had begun work on
the building. The city revoked the license.

City leaders responded to Broadway Place officials' lawsuit by claiming the
proposed treatment center was within 1,000 feet of three primary schools --
The Children's Center, The Floyd Center and the Southern Nazarene
University School for Children. State law prohibits a drug and alcohol
treatment center within 1,000 feet of a primary school.

In District Court Judge Karl Gray's ruling last year, he ruled that the
Children's Center and the Floyd Center did not meet the legal definition of
a primary school. The Children's Center is a residential treatment center
that provides instruction to its residents, while the Floyd Center is a
prekindergarten school.

In his ruling on behalf of a three-judge panel, state civil appeals Judge
Ronald J. Stubblefield declined to comment on The Children's Center's
status but disagreed with Gray on the Floyd Center's status. He ruled that
a prekindergarten center is a primary school.

Stubblefield also disagreed with how the 1,000-foot distance should be
measured. Gray's ruling stated the proposed treatment center was not within
1,000 feet of the SNU School for Children. The treatment center's proposed
lease stated that the center would only occupy a portion of its building.
The portion of the building that would actually be used would be more than
1,000 feet from the school.

Stubblefield disregarded these details of the lease. Instead, he said the
law clearly designates the distance should be measured from the property
line of the rehab center to the property line of the school.