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Organization files court appeal to Dunmore's decision to ban its methadone clinic
Published: February 23, 2010
Habit OPCO on Monday filed an appeal in Lackawanna County Court, asking the court to reverse borough council's decision and allow the clinic to open.
Court documents filed by Habit OPCO say the borough is violating the Americans with Disabilities Act by refusing to allow Habit OPCO to open a medication-assisted treatment facility at 118 Monahan Ave.
Citing concerns over parking and pedestrian safety - not zoning issues - borough council on Dec. 28 unanimously voted against changing zoning that would permit Habit OPCO to open a methadone clinic in the industrial park.
Habit OPCO's appeal comes as no surprise. After council's decision in December, Joseph Ferdinand, an attorney for Habit OPCO, said his client would appeal.
"We're asking the court to order that (council's decision) is incorrect," Mr. Ferdinand said Monday.
Habit OPCO filed a curative amendment with the borough on July 13. The amendment challenged the validity of the borough's zoning ordinance.
Borough council on Dec. 28 voted to revoke its zoning ordinance prohibiting methadone clinics from opening within a half-mile of churches or schools, but did not give site-specific relief to Habit OPCO.
"We indicate that some aspects of their (zoning) ordinance are still â¦ contrary to Pennsylvania law," Mr. Ferdinand said.
Borough solicitor Thomas Cummings said Monday evening he has not yet reviewed the appeal.
The borough has 20 days to respond to Habit OPCO's appeal. A hearing on the matter is scheduled for 2 p.m., Wednesday, April 7, at the Lackawanna County Courthouse.
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