PORTLAND – A federal judge has dismissed parts of a lawsuit by prospective developers of a methadone clinic in Rockland, but ruled the case otherwise has standing.

U.S. Magistrate Judge David M. Cohen issued a 21-page decision last week in response to Rockland’s motion to dismiss the case brought by Turning Tide Inc.

Turning Tide principals Angel Fuller-McMahan of Owls Head and Marty O’Brien of Bath and others filed a lawsuit in March, claiming the city violated federal and state laws by changing zoning ordinances to restrict methadone clinics to a remote section of the city.

In addition to Fuller-McMahan and O’Brien, the plaintiffs include three unidentified people – Susan Coe, Ray Doe and Vicki Roe – and Vince McMahan, who would use the services of the clinic. The defendants are the city and John Root as code enforcement officer.

In October 2004, Turning Tide began trying to open a methadone clinic at 77 Park St. in Rockland to treat opiate addicts, who are protected by the Americans With Disabilities Act.

By January, the city had voted in retroactive zoning changes that permit “sole source pharmacies” only along a small stretch of Route 90, where Turning Tide argues there essentially are no opportunities for a clinic.

In an effort to compromise, Turning Tide signed a letter of intent in February to buy Tuttle Shoe Barn on Route 1, in hopes of getting a zone change to open there. The request was denied.

In respect to the city’s motion, the judge dismissed Turning Tide’s claims alleging violation of state and federal laws regarding due process and takings.

The judge denied dismissal of claims that the city violated the ADA and engaged in intentional discriminatory activity toward persons with disabilities.

He also ruled Turning Tide has standing to bring the case to trial for claims the city of Rockland violated equal protection laws and Maine laws regarding due process and takings. The final count seeking attorney’s fees also stands.

On July 7, Turning Tide filed for a preliminary injunction in U.S. District Court in Portland, seeking to nullify amendments to Rockland’s zoning ordinance. That motion is apparently pending.

Neither Fuller-McMahan nor O’Brien could be reached Sunday for comment.