DUBOIS – RHJ Medical Inc. and the City of DuBois appeared in court on Tuesday over the issue of an injunction that was agreed upon between the two entities in Dec. 2006.
RHJ asked Clearfield County President Judge Fredric J. Ammerman to dissolve the injunction and return both parties to their states before that injunction was signed.
The two entities have been at odds about RHJ’s wanting to operate at 994 Beaver Drive since RHJ initially announced they were going to open in Oct. 2006.
The original argument between the two entities in 2006 revolved around the Pennsylvania Municipalities Code, section 621. This stipulated where methadone treatment facilities could locate in relation to schools, places of worship, public parks, and other places.
In June, the U.S. Court for Appeals for the Third Circuit in Philadelphia agreed with previous opinions from the Ninth Circuit and the Sixth Circuit in ruling that the law is contrary to the Americans with Disabilities Act and the Rehabilitation Act.
The 52-page opinion noted that the matter was “the familiar conflict between the legal principle of non-discrimination and the political principle of not-in-my-backyard.”
In May 2007 the City of DuBois rejected a request for an operation permit from RHJ after a public hearing that was held in April 2007. At that meeting representatives from RHJ were given an opportunity to give council and the residents of DuBois area why they should be allowed to operate within 500-feet of a public park. The city also pointed out parking and traffic issues which went against city ordinances.
In November the city revised a zoning ordinance that allowed drug and methadone treatment facilities to operate in office zone districts. The location at 994 Beaver Drive, which RHJ is still leasing, is located in a transitional zone.
Ammerman said that he understood that 621 has since been found unconstitutional. He noted that before that decision, RHJ located their office in an area, which at the time, they were not allowed to do so.
“They’re company’s the one that drove the donkey down that trail,” Ammerman said to RHJ counsel Thomas Schmidt III.
Ammerman asked Schmidt why RHJ will not reapply for the permit they need now that 621 is no longer valid. Schmidt said that under the new zoning regulations, the location at 994 Beaver Drive would be turned down. He asked for both parties to be turned back to their status quo before Dec. 7, 2006.
Ammerman asked Schmidt what made the attorney think he could overturn the city’s ordinance. Schmidt said that as the judge of equity in the matter, he could.
City of DuBois Solicitor Toni Cherry argued RHJ had the opportunity to appeal the city’s zoning change before the city’s zoning/hearing board. After the hearing she said that when the decision was made by the city on Nov. 27, 2007, representatives for RHJ were in attendance. She stated that RHJ was aware of the ordinance, and had the opportunity to appeal up until Dec. 27, 2007.
Cherry also pointed out the city’s decision regarding the April hearing. That decision was made in May. Cherry said that RHJ had the option to request an appeal on that decision as well, but that they did not.
“No appeal was taken from that decision,” said Cherry.
After hearing all argument, Ammerman asked for both parties to submit briefs to him no later than 45 days from Tuesday’s date.
A decision will be rendered at a later date.