Litigation between Tabor Academy and the Marion Zoning Board of Appeals will carry on in the courts, but as of Thursday night the Zoning Board ruled in favor of Building Commissioner Scott Shippey’s decision denying the school a building permit.

Last month the Zoning Board conducted a “straw poll” with the members unanimously agreeing to uphold the permit denial for the Tabor athletic fields due to what Shippey said was the school’s failure to comply with a site plan review with the Planning Board before construction. On Thursday, the ruling of the board was made official.

“We felt all along that site plan review is imperative and it is our right as a town to ask for that,” said Zoning Board member Bob Wedge.

Tabor has already completed the construction of the artificial-turf fields and is arguing under the Dover Amendment that as an educational institutional the school is exempt from local zoning bylaws requiring the site plan review.

Town Counsel Jon Witten said the case will continue to play out in the courts, as Tabor is likely to appeal the Zoning Board’s decision. The case, he said, will likely carry on through the spring.

The courts have asked both parties – Tabor and the Zoning Board – to consider mediation. The Zoning Board has denied this request.

“We don’t think mediation is necessary here,” Wedge said. “Either Dover applies or it doesn’t.”

The Zoning Board has 14 days to report their decision to deny Tabor the building permit, after which Tabor has 20 days to appeal the decision.