Court upholds ruling that Lawrence County methadone clinic canno - WFMJ.com News weather sports for Youngstown-Warren Ohio

Court upholds ruling that Lawrence County methadone clinic cannot open

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SHENANGO TOWNSHIP, Lawrence Co., Pa. -

Pennsylvania Commonwealth Court judges have upheld a ruling that a methadone maintenance clinic cannot open in Shenango Township Lawrence County because of zoning.

Metro Treatment of Pennsylvania appealed the Lawrence County Common Pleas court order to uphold the township zoning hearing board's denial of their application for a special exception.

Metro applied for a special exception to be in the Township C-2 Highway Commercial District.

"The trial court determined, inter alia, that Metro failed to meet its burden of establishing that the proposed use was of the same general character as "Business and Professional Offices," as claimed by Metro in its application, and affirmed the ZHB's denial of the special exception request," according to the Commonwealth Court of Pennsylvania document filed on Wednesday.

In the appeal, Metro argued that the clinic is "of the same general character as the 'Business or Professional Office' use" but the judges did not agree.

Senior Judge James Gardner Colins wrote in the filing that "Metro failed to present any evidence at all to establish that a "Clinic" is a use of the same general character as a "Business or Professional Office." Metro failed to establish that the nature of the activities and operation of the proposed clinic, as described in detail by its various witnesses, bear any similarity whatsoever to a "Business or Professional Office" or to any other of the uses authorized in the C-2 district."

The decision goes on to outline that clinics are excluded as conditional uses in the C-2 District.

Also in the ordinance, clinics refer to the "care and treatment of human patients" unlike a business or professional office that "describes the office of a trained professional qualified to perform services of a professional and/or administrative nature."


 

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