Real Property-Zoning and Planning-Methadone Clinic - Wilkes-Barre, Scranton Personal Injury Lawyers

Resources » Blog

Real Property-Zoning and Planning-Methadone Clinic

Freedom Healthcare Services Inc. applied for a special exception from the City of New Castle to operate a methadone clinic for recovering heroin/opiate addicts. The city’s parking ordinance required medical offices to have a minimum of seven parking spaces, however there were no such requirements for medical clinics. The zoning hearing board refused to grant the special exception due to the following reasons: it classified FHSI as a medical office; it did not meet the requisite parking and the clinic would be harmful to the community. The company stated that it could meet the requirements by using a parking lot across the street from the clinic that it owned, however the zoning hearing board disagreed. Freedom Healthcare Services appealed arguing that it was a medical clinic and not a medical office because the addicts were treated with medication and also because they conducted therapy sessions with a trained psychologist. The Commonwealth Court ruled that FHSI met the classification of operating a medical clinic and reversed.

Blog (View All)

Top 100 Trial Lawyers
Million Dollar Advocates Forum
Super Lawyers