A former Middlebury tobacconist sued the town earlier this year with the help of the American Civil Liberties Union of Vermont, saying only the state has the authority to outlaw substances and that the town overstepped its authority by banning sale of the herb salvia divinorum. The Rutland Herald reports that the town, in an eight-page reply filed in Addison County Superior Court, rejects the basis of the lawsuit, arguing that when a select board acts as a board of health, it is acting as an agency of the state and not of the municipality.
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