The appeal filed in state Superior Court in Toms River seeks to overturn the Jackson Zoning Board's decision in June to deny the building of an all-girls Orthodox Jewish High School on a 7.5 acre tract on Cross Street, according to the Asbury Park Press. 

Jackson zoning board hearing on proposed Orthodox high school
Jackson zoning board hearing on proposed Orthodox high school (Ocean County Signal via Facebook)
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Rabbi Ephraim Birnbaum was seeking a variance to construct the two-story, 400-student school in a residential neighborhood consisting of mostly one-acre lost, according to the APP.

The Board voted against the proposal, citing concerns about traffic and a threat to nearby water wells. There are no connections to the Jackson Municipal Utilities Authority water supply in that neighborhood.

Raymond Shea, the attorney representing the school and Birnbaum, argued during testimony over the summer that denying the application would violate sections of the federal Religious Land Use and Institutionalized Persons Act, protecting practices of religious groups and prisoners.

Jackson Zoning Board Attorney Sean Gertner told the APP he was disappointed an appeal was filed because the board listened to the evidence that was presented fairly and impartially.

It's unknown when the appeal will be heard.

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