Pubdate: Sat, 19 Apr 2003 Source: Seattle Times (WA) Contact: 2003 The Seattle Times Company Website: http://www.seattletimes.com/ Details: http://www.mapinc.org/media/409 Author: Lynn Thompson, Times Snohomish County bureau Bookmark: http://www.mapinc.org/find?136 (Methadone) LYNNWOOD MUST LET CLINIC PURSUE PERMITS EVERETT -- A Snohomish County judge yesterday said the city of Lynnwood must accept a building permit or business license application from the company trying to open the county's first methadone clinic. In granting a summary judgment, Superior Court Judge Ellen Fair said the city's refusal to process permits for the methadone clinic was an attempt to delay the clinic's application long enough for the city to enact emergency zoning restrictions and prevent the clinic from opening. CRC Health, the company trying to open the clinic near Alderwood Mall, had requested a judge's ruling on the matter. "The city simply cannot do that," Fair said, adding that Snohomish County cities were on notice that methadone providers would be looking for clinic sites after enactment of a state law in 2002 designed to make the clinics easier to locate. Methadone is a federally regulated synthetic opiate used to treat heroin addiction. The emergency zoning ordinance adopted by Lynnwood in December prohibited methadone clinics within 250 feet of city parks. The Alderwood Mall Parkway location sought by the clinic is within 250 feet of the city's Interurban Trail, a popular biking and walking route. Phil Herschman, president of CRC Health, said yesterday's ruling shows that the city's emergency zoning regulations do not apply to CRC because it submitted its building-permit application before enactment of the regulations. "Our intent has been and continues to be to provide professional medical-treatment services to individuals living in this community who are dealing with drug addictions," Herschman said in a written statement released after the ruling. Lynnwood had argued that it could not grant a building permit or business license to the clinic until CRC Health received certification from the state's Division of Alcohol and Substance Abuse. But the judge said that reasoning put the treatment clinic in a "Catch-22" position because state certification is granted only after a treatment clinic finds a location that satisfies local zoning requirements. The issue of where and when Snohomish County's first methadone clinic will open is still the subject of litigation. Lynnwood has filed suit in Thurston County Superior Court challenging the new state law. The city argues that the state failed to consult with Lynnwood about a prospective treatment clinic opening there. Consultation between the state and cities is required under the new law. Only King, Pierce and Thurston counties currently house methadone clinics. - --- MAP posted-by: Doc-Hawk