Proposed Tipton County addiction treatment center scores legal victory

Tyler Juranovich, Kokomo Tribune, Ind.
·3 min read

Mar. 28—A California-based nonprofit seeking to run an addiction treatment center in rural Tipton County scored another legal victory.

Last month, the Indiana Court of Appeals upheld the decision by a trial court to reverse the Tipton County Board of Zoning Appeals' denial of a special use exception sought by Hope for the Hurting and send the issue back in front of the BZA.

In a 21-page ruling, the appeals court ruled the remonstrators' beliefs that the proposed treatment facility would be dangerous to the surrounding residents had "no grounding in fact" and the Tipton County Board of Zoning Appeal "elevated fear and bias to the level of evidence."

"Without any substantiation of the remonstrators' beliefs, their testimonies merely reflected the bias harbored by the remonstrators and the convictions that those in recovery are inherently dangerous while they participate in voluntary treatment," Judge Patricia Riley, who wrote the Appeals Court opinion. "Their speculation has no grounding in fact."

The Appeals Court also agreed with trial court Grant County Circuit Judge Mark Spitzer that the BZA's argument the proposed treatment center didn't meet the county's comprehensive plan, which states "new, large-scale development" in remote rural areas should be discouraged, was not true because the facility would utilize existing buildings and only be adding a parking lot for employees.

The appeals court's ruling comes nine months after Spitzer ruled in favor of Hope for the Hurting after the nonprofit sought judicial review following the BZA's denial. Spitzer ordered the case to be sent back to the BZA.

The BZA then appealed Spitzer's ruling.

It's unclear when, or if, Hope for the Hurting still plans on opening The Oasis, the name given to the proposed addiction treatment center, and going in front of the BZA again to seek a special use exception.

A request for comment made to the organization's lawyer Mark Crandley was not returned. A request for comment made to the BZA's lawyers was also not returned.

Hope for the Hurting was given two properties at 2155 N. 100 East and 2249 N. 100 East by their former owners Warren and Michelle Stine with the intention it would be used to house the drug addiction treatment facility.

The Oasis would serve a maximum of 20-25 people and would be a "full-service" voluntary treatment addiction facility primarily funded by private health insurance.

The Oasis would work primarily with area employers to house and treat their employees who are suffering from drug addiction. Full background checks would be done and no violent or sex offenders would be allowed. The facility would also employ around 25 employees, including licensed medical doctors and nurses, and people to monitor the security cameras placed on the adjoining properties.

After a nearly four-hour meeting held June 1, 2022, the Tipton County BZA unanimously voted down the special exception request, citing public safety concerns and that the proposed treatment facility was not aligned with the county's Comprehensive Plan.

Hope for the Hurting filed for judicial review about a month later.

In the July 2023 ruling, Sptizer stated the BZA and the remonstrators who spoke at the June 1, 2022, BZA meeting offered "no substantive evidence" The Oasis would pose any real risk to the community and surrounding residents.

"Notably, the opponents' presentations did not consist of factual observations regarding the project or the Property (other than its proximity to their real estate), but was made up largely of opinions of people in recovery and speculative 'parade of horribles' of imagined scenarios where the patients of the facility would engage in criminal or reckless behavior," Spitzer wrote.

Tyler Juranovich can be reached at 765-454-8577, by email at tyler.juranovich@kokomotribune.com or on Twitter at @tylerjuranovich.