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Tuesday, December 6, 2011

PROPOSED LATONIA METHADONE ISSUE CONTINUES IN FEDERAL COURT

by Michael Monks 
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This is an update to a previous post in which the West Latonia Neighborhood Association issued a recap of what went down in federal court on Friday. You can read their statement here. The City has released the Judge's full brief:

United States District Court has issued a brief from a judge regarding the proposed methadone clinic in Covington's Latonia Shopping Plaza. The would-be methadone clinic owners have sued the City in an effort to open. The City challenged the opening on the grounds of zoning violations. Judge William Bertelsman writes:
The Court, having carefully studied the zoning ordinance at issue herein, holds that, by its plain meaning, Plaintiff's proposed facility is not an "Addiction Treatment Facility" as defined in (state statute) 16.02.02 (A) (1) of the Zoning Ordinance because that definition is only applicable to residential facilities. Rather, as Plaintiff contends, its proposed facility is a "medical service" as defined in (state statute) 16.02 (Q) of the Ordinance. Thus, the Ordinance is not void as to this Plaintiff, although the zoning authorities of Covington have misinterpreted it. 
Further, Judge Bertelsman writes that questions arise from the testimony heard on Friday: is the City's interpretation of the zoning a violation of due process or the Americans With Disabilities Act?; What effect does the ruling in Kenton Circuit Court have on the federal proceeding, if any?. 
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Judge Bertelsman gives twenty days for the methadone clinic to respond, and then thirty days after that response for the City to respond. 
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Good reporting from the West Latonia NA, as they pretty well summed it up last week. The River City News will continue to follow.
Read the full brief here.

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