Judge Gives Go-Ahead for Plains Township, Pa., Methadone Clinic. - Knight Ridder/Tribune Business News

By Terrie Morgan-Besecker, The Times Leader, Wilkes-Barre, Pa. Knight Ridder/Tribune Business News

Sep. 11--PLAINS TWP., Pa.--A methadone clinic should be operating within six months after a judge's decision Wednesday that reversed the Zoning Board's denial of an occupancy permit, an area hospital official said.

Senior Judge Gifford Cappellini's ruling clears the way for the Laird Street clinic to proceed and leaves opponents few options to halt the project, said Bruce Phillips, attorney for Wyoming Valley Health Care System, which will operate the clinic through its Choices drug and alcohol treatment program.

Phillips said the Zoning Board or the City of Wilkes-Barre could appeal the ruling to Commonwealth Court. But it's extremely unlikely the court would issue a stay of Cappellini's order pending resolution of the appeal, he said.

'I think their chances of stopping it are zero at this point,' Phillips said.

Methadone is a synthetic drug that blocks cravings for heroin and other highly addictive opiates. The clinic's location elicited heated debate at several hearings this summer.

Nearby residents were concerned their homes would be devalued and their safety compromised. Supporters stressed the need for methadone treatment given the escalating drug overdose deaths in the Luzerne County, which totaled 64 in 2002.

The legal battle began in June when the Zoning Board denied an occupancy permit, saying the facility did not meet the definition of a medical clinic as defined in the township's zoning ordinance.

The health-care system appealed the denial to Luzerne County Court of Common Pleas, arguing the clinic would be staffed by a physician and nurse who would treat patients for drug addiction, as well as evaluate them for other medical problems.

The evaluation of other medical problems was the key issue Cappellini cited in finding the clinic met the definition of 'medical clinic.'

'Because the word methadone precedes the word clinic does not mean the medical doctor ... would ignore a patient with a medical condition just because the patient is at the methadone clinic for methadone treatment,' Cappellini wrote.

Cappellini called the Zoning Board's interpretation 'narrow,' and said it 'does not comport with a reasonable analysis of what clinic means.'

'I do not condone the use of illicit drugs or paraphernalia, but I do agree treatment is necessary,' wrote Cappellini, who has a son who has battled drug addiction.

Wilkes-Barre Mayor Tom McGroarty, one of the most vocal opponents of the clinic, said he had to review the opinion with city attorneys before deciding whether to appeal. The city had joined the township Zoning Board in the legal battle because a city park and several homes abut the proposed location.

'Obviously I'm disappointed. It doesn't bode well for the neighborhood,' McGroarty said.

Michael Wascavage, chairman of the Zoning Board, could not be reached for comment.

Joe Knecht, an official with the health-care system, said renovations of the site will move forward. He said several agencies, including the state Department of Health and federal Drug Enforcement Agency, must issue approvals before the facility can open. That puts the projected opening about six months away.

Knecht reiterated the health-care system's dedication to run the clinic under tight control. He stressed there will be extensive security measures, and the clinic will treat only residents from Luzerne, Lackawanna and Wyoming counties.

Knecht also said the officials hope to meet with residents to address their concerns. He said officials are considering forming an advisory committee of residents. 'We want this to do well. We have no intention of hurting the community.'

The health-care system has been trying for years to find a location to fit within Act 10, a state law that prohibits methadone clinics within 500 feet of churches, homes, schools and other community buildings. Without a local clinic local addicts have had to drive to clinics in Allentown and Phillipsburg, N.J.

'It's a big win for the patients who are going to get help,' Knecht said.

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(c) 2003, The Times Leader, Wilkes-Barre, Pa. Distributed by Knight Ridder/Tribune Business News.