Saint Peter’s University to test the definition of ‘school’ in lawsuit to block Medusa dispensary –

Saint Peter’s University has sued the Jersey City Planning Board for approving an application for a dispensary that school officials say violates the requirement that dispensaries be at least 200 feet from a school.

The dispensary, called Medusa: Stoned at First Sight, would be on the same Montgomery Street block as a new university dormitory, even though the dispensary building address is 759A Bergen Ave.

The lawsuit will test the definition of the term “school,” which traditionally refers to kindergarten through 12th grade under such laws. University officials say in the lawsuit that colleges and universities should not be excluded.

The lawsuit, first reported by Jersey Digs, alleges that city law required the board to use a different map in making its decision than the one it used, and that only the proper map identifies universities and colleges.

“The planning board was arbitrary and capricious in not applying the term ‘school’ to SPU, despite SPU’s identification on the (Drug Free School and Park Zone Map) map,” the lawsuit says.

The university declined to comment beyond the text of the 11-page lawsuit, which also named Medusa as a defendant.

The lawsuit points out that at the planning board hearing, SPU’s counsel specifically objected to the board’s interpretation

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