The proposed $40 million sale of Jackson’s former Christa McAuliffe Middle School to BMG may face a significant obstacle after questions emerged over whether the property’s zoning permits use as a higher education institution, Shore News Network reported.

While the Jackson Board of Education approved the sale last December as part of its efforts to address ongoing financial challenges, reports indicate the property’s Public Facility and Education (PFE) zoning designation may not clearly allow a post-secondary institution such as BMG.

The issue stems from Jackson’s zoning ordinance, which reportedly does not specifically establish permitted uses for the PFE district, despite the designation appearing on township zoning maps.

Because BMG is considered a higher education institution rather than a K-12 school, additional approvals or zoning relief may be required before the transaction can be completed.

Neither Jackson Township, the Board of Education, nor BMG has publicly commented on how the zoning issue will be resolved.