BETHANY CONSIDERS APPEAL ON CENTER RULING -- CITY OPPOSES OPENING OF
FACILITY NEAR SCHOOL

BETHANY -- City officials will consider at their next meeting whether
to appeal a judge's ruling that allows a drug and alcohol treatment
center to open despite the city's opposition. District Judge Karl
Gray, in a ruling made official this week, said the proposed Windgate
Treatment Center is within 1,000 feet of the Southern Nazarene
University School for Children. State law prohibits drug and alcohol
treatment centers within 1,000 feet of primary schools.

According to measurements presented in court, only one corner of the
Windgate center -- the former Bethany Village Nursing Home at 6900 NW
39 Expressway -- is within 1,000 feet of the SNU school.

Charles Alden, an attorney for Broadway Place LLC, the company
planning to open the center, said the company could stay beyond 1,000
feet with only a minor adjustment in design.

"The way I read the judgment, I think we can draw a lease that would
comply with the law," he said. "We don't have to lease the whole
building, basically."

Alden said as long as the treatment center does not use the portion
of the building that is within 1,000 feet of the school, it would
comply with the law.

Gray left it up to the state Mental Health and Substance Abuse
Services Department to make an official determination of the 1,000
foot measurement. He said the city must provide a municipal business
license to the treatment center if the department licenses the center.

David Davis, Bethany's city attorney, said the city is likely to
appeal the ruling. The council will consider appealing the judge's
decision at its June 4 meeting.

After city leaders learned of Broadway Place's plans in January, the
city refused to issue a business license. In addition, the city
council declared a moratorium on the application of any licenses for
drug and alcohol treatment centers and related businesses.

The actions motivated Broadway Place to sue the city.

Gray said the council's action "exceeded the authority of the city
council under the laws of the state of Oklahoma and was contrary to
the terms, conditions and provisions of its own city ordinances."