A group of Highland residents has filed a 17-page appeal regarding a residential drug rehab center, saying the city failed in its duty to residents when it approved the facility.

In recent meetings, Highland residents have said they were duped when elected officials approved a residential drug rehabilitation center in September without once announcing on posted agendas what the facility was, or where it would be located. City officials told the Daily Herald that they did not dare do more to disclose the information, lest they be sued.

The appeal was filed by a new organization of about a dozen families that live near the proposed facility, called Highlanders Organized for Planning Equality, or HOPE. The city announced late Wednesday that the Appeal Authority will meet at 5 p.m. on Nov. 12 in the Highland City Council Chambers. The public is invited.

"No one from the neighborhood was informed about the request" for the proposed treatment facility, said the group in appeal paperwork. Because the city failed to list the address of the facility on two council agendas, it was impossible for those living nearby to know what was going on, the group said.

In an interview, Shad Brunson, president of HOPE, said the appeal was necessary because of elected officials' "lack of due diligence, and asking pertinent questions, and really digging in and doing their homework." Brunson said he wants to emphasize that HOPE does not oppose people with disabilities, as drug addicts are classified according to federal law, living in their neighborhood.

"However, HOPE does object to the following errors committed by the City Council in its interpretation and application of Highland's land use ordinance," the group said in its appeal. Over several pages, the group lists what it calls eight errors, including the city failing to follow its own ordinances governing residential facilities, failure to notify residents of the proposal, and approving a facility which would create a fundamental change in their neighborhood, among others.

Late Wednesday, officials from the company hoping to open the treatment facility released a statement to the Daily Herald.

"We at Alpine Treatment Services, formerly Makin Homes, trust the appeal process of Highland City," said Jake Shoff, director of operations. "We know our legal rights to own and operate a residential treatment center for individuals who are disabled."

"There is much misunderstanding surrounding addiction," said Justin Makin, executive director. "Many people believe that it is a result of poor character or weak will. The truth, however, is that we all struggle with various things, and this is just one of many human issues that we all face as a society and culture. Whether we like it or not, there are issues all around us, including addiction. Addiction is a growing national epidemic and if ignored, the results would be tragic. At Alpine Treatment Services it is our goal to treat individuals from various circumstances struggling from the debilitating effects of addiction."

In a statement put out by the city, Highland Mayor Jay Franson acknowledged "the concerns of the residents ... about the sober living facility used to treat drug addiction, including the fact that residents were upset with lack of notification. ... Let me assure you that the perceived lack of notice to residents of the Alpine Country Club subdivision was purely unintentional. We will work with both Makin Homes and the residents of the Country Club on this issue. The system works. Highland City has a qualified Appeal Authority that will consider the legal background of the issue, independent of the City Council. ... From a fiduciary standpoint, the residents of Highland are now protected from financial liability. If the appeal is not granted, the residents have the right to go to District Court. The residents get what they need as does Makin Homes."

The city also points out that a similar facility has already been approved in another neighborhood, allowing eight residents. If the appeal authority rules that the council made a mistake, the council and mayor "will fully support that decision," said the city in its statement.

City staff said they expect the appeal hearing will be run somewhat like a court proceeding. An attorney will preside, acting in the capacity of a judge, and will hear arguments from both residents and the company hoping to run the treatment facility. Both sides are likely to have attorneys present.

The last time the city needed an appeal authority was in January 2008, and such cases usually revolve around minor land-use ordinances, not controversial community issues, said city staff.

Related

• Highland residents: City misled us about drug rehab center
• Makin Homes wants rehab facility in Highland
• Highland residents argue rehab center decision