JUDGE DELAYS DECISION ON CITY METHADONE CLINIC

There was no decision made Wednesday by a state judge who heard arguments
over a methadone clinic locating in Johnson City.

State Administrative Law Judge James A. Hornsby heard from both sides of
the issue as they argued over motions regarding last year's approval of a
certificate of need granted to the controversial clinic, but the judge
decided to hold off ruling in the case until a later time.

"We have been told the judge has taken everything under advisement,"
Chamber of Commerce Executive Vice President Gary Mabrey said Wednesday night.

The chamber has joined forces with a long list of public and private
organizations that are working to keep the Johnson City Addiction and
Treatment Center LLC from opening a facility planned for 200 W. Fairview Ave.

The clinic would primarily utilize methadone, which is synthetically
manufactured and used as a substitute for the treatment of people dependent
on heroin and other opiates.

Clinic opponents have appealed the granting of the CON and will have the
case heard in July, but they hoped a recent motion filed with Hornsby's
court would make the new hearing unnecessary.

The motion maintains that the now-defunct Health Facilities Commission did
not have a quorum when it voted to approve the CON in June, and thus the
decision is invalid. All nine members of the commission were present for
the vote, but Commissioner Janet Jones had to recuse herself from the
decision because she was a Johnson City resident and her husband, John
Jones, was active with many of the organizations opposing the clinic.

Officials with the clinic filed a countermotion to have the opponents'
argument dismissed.

City Commissioner Steve Darden, who has been a leader in the opposition
against the clinic, said it is common for judges to take time in
considering such subjects.

"It's pretty rare that any judge would make a ruling on the spot," Darden
said Wednesday night. "I don't think anything should be read into that as
far as what (Hornsby) may ultimately do."

Darden said he also believes more evidence may need to be presented to the
judge by both sides in the coming weeks before a decision can be reached.

But as for when the judge may come to a decision, Darden - who is also an
attorney - said there is no specific deadline for a judgment.

"There is not a magic time frame," he said.

Though some members of the opposition were guessing about the possible
outcome regarding Hornsby's decision, Darden said doing so was irresponsible.

"Speculation on how he will (decide) or when he will (decide) is nothing
more than that: speculation," the commissioner said.

Numerous community members have been concerned a methadone a clinic would
attract large numbers of drug users to the area and especially to downtown
Johnson City, which is undergoing a revitalization.

Officials with the clinic had originally hoped to have it operating in the
city by this month, but the ongoing legal battle has hampered efforts.