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Mr. James E. Gregorious <br /> Page 2 <br /> July 17, 1997 <br /> On the basis of the above authority, Madison Country Day <br /> School must be permitted to operate under CUP No. 456 . Drawing a <br /> distinction under the terms of CUP No. 456 which would deny such <br /> use would constitute a violation of the equal protection clause of <br /> the Fourteen Amendment . Madison Country Day School respectfully <br /> requests, therefore, that the Zoning Administrator make a written <br /> determination that Madison Country Day School' s use at 5959 <br /> Martinsville Road conforms with the uses permitted under CUP No. <br /> 456 . <br /> Alternatively, Madison Country Day School' s use at 5959 <br /> Martinsville Road should be deemed to comply with CUP No. 456 as a <br /> church-related school . While Madison Country Day School is not <br /> operated by a church or other religious organization, as a private <br /> school it will incorporate the study of religions into appropriate <br /> portions of its curriculum and observe the religious traditions and <br /> cultures of its student body. <br /> Section 10 . 01 (23h) does not define "church-related schools . " <br /> However, it is important to note that "religious uses" do not <br /> require that a school be "church owned" or "church operated. " The <br /> term "related" is therefore sufficiently broad to include a private <br /> school which incorporates religion into its curriculum. <br /> Finally, it is inappropriate for a governmental body to become <br /> an "adjudicator of faith. " Holy Trinity Community School v. Kahl, <br /> 82 Wis . 2d 139, 158 , 262 N.W. 2d 210 (1978) . A determination of <br /> whether a school' s practices in reference to religion constitute an <br /> affiliation with a particular church is one the government cannot <br /> make. Id. at 150-151 . Such an inquiry runs afoul of the <br /> entanglement doctrine under the First and Fourteenth Amendments to <br /> the United States Constitution. Id. at 150 . <br /> Thus, in the event that the Zoning Administrator does not <br /> determine that Madison Country Day School ' s use of 5959 <br /> Martinsville Road already conforms with CUP No. 456 as a private <br /> school, the Zoning Administrator should deem such use as that of a <br /> church-related school . <br /> __. altirrr kk <br />