A Superior Court judge will decide if the College Achieve Charter School Asbury Park can move into Holy Innocents School in Neptune.
The move hit a road block after a township zoning official denied the move. The issue, according to Neptune Business Administrator Vito Gadaleta, is that the primary use for the land is for a church and the Holy Innocents School is a conditional use. The switch from a school affiliated with the church to a privately-run school does not conform to zoning laws.
“An independent school that is not associated with the church is not allowed in the zoning,” he said.
Charter School owner Michael Piscal appealed the zoning official’s ruling before the Zoning Board of Adjustment in May but the board ruled in favor of the original ruling.
“The matter has now moved on to Superior Court (in Freehold),” Gadaleta said.
Piscal could not be reached for comment.
Parishioners and students at Holy Innocents were notified earlier in the year that the church’s school would not be reopening for the 2019/2020 school year due to declining enrollment.
Some residents have talked about a rumor that a marijuana dispensary is proposed to be located near the school but Gadaleta said he has no information on that.
“Based on the rules and regulations, such a dispensary cannot be located within 1,000 feet of any educational activity or school,” he said.