The Vermont Supreme Court held its annual session at Vermont Law School Monday, where it typically hears arguments in high profile cases.
Among those under consideration was the South Burlington School District appeal of a permit allowing the Howard Center to construct a new methadone clinic near two schools.
School district attorney Peitro Lynn told the justices that his appeal is based largely on the argument that a traffic study should have been required before a permit was issued.
But Lynn says the real concern is the safety of the students. He told the court that a certain percentage of those using the clinic may be under the influence of alcohol or drugs.
"There are concerns as a result that if there are impaired drivers more than would ordinarily be present by virtue of the presence of a methadone clinic it could have a negative impact on safety,” Lynn told the justices.
The building housing the clinic is currently a medical office. The school district argues that dispensing methadone at the site constitutes a change in use and requires the traffic study.
Arguing for the Howard Center, attorney Frank Kochman said the clinic doesn’t represent a change in use, because the site is already zoned for medical care.
“In South Burlington a medical office is a place run by a doctor that offers service in furtherance of the treatment he or she provides. That is what we have here. That is the common sense, plain meaning interpretation,” Kochman told the court.
Kochman says putting a clinic at the site is a case of medical care providers responding to community needs and providing more comprehensive care.
