The Zoning Board of Appeals unanimously upheld Building Commissioner Scott Shippey's decision to not approve Tabor Academy's building permits for the 90-foot stadium lights the school plans to build.

Tabor Academy recently finished laying out the artificial turf for its new, eight-acre athletic fields, commonly referred to as Hoyt Field. The private school intends to build four, 90-foot stadium lights on the field. Building Commissioner Scott Shippey denied permits for the lights saying they violated Marion's height bylaws.

Tabor has asserted that they are not bound by the bylaws because of the Dover Amendment, a state law that exempts educational or religious institutions from zoning bylaws. The board responded that the lights are not covered under Dover because they do not further the educational mission of the academy.

"We have anticipated that the ZBA would deny the building permit," said Tabor Academy Headmaster Jay Stroud, responding to the decision. "We remain hopeful that the town of Marion and Tabor can reach a reasonable accord on this project that would resolve these issues without resort to court proceedings.  They are expensive for all parties and, in our view, we hope there will be other avenues allowing the school the building permits needed to complete the project."

If Tabor chooses to appeal the decision, it will be brought to the First District Superior Court.