After months of litigation between Tabor Academy and the Marion Zoning Board of Appeals, the courts decided to require the school to go before the Zoning Board once again to seek building permits.

On Tuesday, June 19, Land Court Judge Piper ruled that Tabor would have to re-apply for permits to build four, 80 to 90-foot light towers and a backstop on the school’s already constructed athletic fields.

The debate over whether or not the school had the right to build the artificial turf fields began last June.

Shortly after construction began, Building Commissioner Scott Shippey sent a cease-and-desist letter to Tabor citing the school’s failure to comply with a site plan review with the Planning Board.

Tabor argued under the Dover Amendment that, as an educational institution, the school is exempt from local zoning bylaws requiring the site plan review.

Since then, the Zoning Board voted to uphold Shippey’s decision to deny a building permit, and the two parties have been arguing the matter in court.

While the courts will require Tabor to secure Zoning Board approval before installing the light towers and backstop, Tabor did walk away with one victory.

On Tuesday, Town Administrator Paul Dawson said Piper ruled that the athletic fields did not require site plan review as the fields did not change parking areas and did not exceed size restrictions.

“The judge said that while site plan review might be required in some cases, it was not in this case,” Dawson said.