The Massachusetts Land Court today heard the Town of Marion's request to halt construction of the new athletic fields under construction at Tabor Academy in violation of a cease-and-desist order issued by the Marion Building Commissioner, according to a news release by the Town of Marion.

Judge Piper, of the Land Court, ruled that construction may proceed on the turf field but not on the proposed lighting, dugouts and bleachers and backstop unless the same is approved by the Marion Board of Appeals.

The court did not conclude that the project was exempt from the site plan review process, as Tabor has asserted.  The town's position remained that Marion's site plan review bylaw is applicable to Tabor's proposed project.

The Marion Board of Appeals will hold a continued hearing on Tabor's proposal for 90-foot light towers on July 28.  Hearings on the proposed dugouts and bleachers have no be set yet but are expected in early September.

Tabor Academy plans to build three new athletic fields with 90-foot lighting towers, dugouts, bleachers and a backstop, all of which will be visible from Front Street.  The plan has garnered opposition from abutters and local residents, some of whom believe the materials used in the construction of the field may be toxic and could cause dangerous runoff into Sippican Harbor.