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r- _...-rte' 1 <br /> o <br /> , .2 rri <br /> MADISON COUNTRY DAY SCHOOL <br /> 8000 Excelsior Drive <br /> Madison, WI 53717 r' ? r <br /> M D <br /> to <br /> O <br /> 14, <br /> rris ^f <br /> m <br /> July 17, 1997 a <br /> 0 <br /> VIA HAND DELIVERY �,,,_.._-- - <br /> Mr. James E. Gregorious <br /> Zoning Administrator <br /> Dane County Planning & Development <br /> City-County Building, Room 116 <br /> 210 Martin Luther King, Jr. Blvd. <br /> Madison, WI 53709 <br /> Re : Madison Country Day School, CUP No. 456 <br /> 5959 Martinsville Road, Town of Springfield <br /> Dear Mr. Gregorious : <br /> Madison Country Day School hereby requests a written <br /> determination that the operation of its school at 5959 Martinsville <br /> Road in the Town of Springfield complies with the terms of the <br /> above conditional use permit . A copy of CUP No. 456 has been <br /> attached hereto for your convenience . <br /> As CUP No. 456 indicates, existing permitted uses include the <br /> operation of a church-related school (see, "religious uses, " <br /> Section 10 . 01 (51a) , Dane County Ordinances) and other schools (see, <br /> "governmental uses, " Section 10 . 01 (23h) , Dane County Ordinances) . <br /> Madison Country Day School requests that its operation as a private <br /> school be deemed a permitted use under the terms of CUP No. 456 . <br /> Alternatively, it requests that it be deemed a church-related <br /> school for purposes of CUP No. 456 . <br /> Madison Country Day School' s operation of a private school at <br /> 5959 Martinsville Road should be deemed a permitted use under CUP <br /> No. 456 . As noted above, it is beyond dispute that CUP No. 456 <br /> allows the operation of a church-related school and a public <br /> school . However, in this context, the law provides that there is <br /> no rational basis for a distinction between private church-related <br /> schools and other private schools . Milwaukee Montessori School v. <br /> Percy, 473 F. Supp. 1358, 1360 (E.D. Wis . 1979) . Therefore, <br /> drawing a distinction which allows the operation of a private <br /> church-related school (or for that matter a public school) under <br /> CUP No. 456, but not a private school, such as Madison Country Day <br /> School, is a violation of the equal protection clause of the <br /> Fourteenth Amendment to the United States Constitution. Id. <br />