CHARLESTON — West Virginia’s Supreme Court of Appeals has reinstated the previous high school football classification after an injunction postponed the playoffs, while also scheduling action on a similar case involving Class A high school volleyball. The state Supreme Court issued a combined order Tuesday night in two lawsuits filed in Wood and Mason counties dealing with the West Virginia Secondary School Activities Commission (WVSSAC). Fayette County Circuit Judge Thomas Ewing replaced Judge William Wooten after he recused himself from hearing the case last week. According to the order, the Supreme Court granted WVSSAC’s request for a writ of prohibition, and Wood County Circuit Judge J.D. Bean reversed the high school football reclassification system introduced in early 2019. He said it was a violation of his authority. WVSSAC has changed the academic year and reinstated the previous classification system.
“There is no question that WVSSAC had the authority to reclassify under West Virginia Statute 127-3-10.” says the order. “Our review finds that the circuit court’s motion for injunctive relief was not based on WVSSAC’s lack of authority to reclassify, but rather on the timing and manner of its reclassification. We have repeatedly maintained that the way WVSSAC applies its rules is not subject to judicial review.”
Lawyers for WVSSAC filed a writ of prohibition in the Supreme Court last Thursday, as well as a motion for expedited relief granted by the court, giving attorneys for the Wood and Mason County school systems a deadline of noon Monday to respond. Set. Attorneys for Cabell County Schools and attorneys representing Lincoln High School students in Harrison County also filed court briefs in support and opposition of the writ petition, respectively. Attorneys for the Wood County Board of Education were granted a motion for an injunction. Beane abolished the reclassification system for high school football on Nov. 9. Wood County Schools believes changes in the classification and associated point rating system used to determine playoff spots and seeding have negatively impacted Williamstown High School, Parkersburg High School, and Parkersburg South High School. I am. In August, the WVSSAC Board of Governors decided to classify several schools, following WVSSAC’s decision about a year ago to move from a three-class system to a four-class system. Up to AAAA for the largest schools. Lawyers for Wood County Schools say the three Wood County schools have sought relief by challenging the new classification through the existing WVSSAC process, but to no avail, and because of existing contracts, rescheduling is not possible. He claims it was impossible. Patrick McFarland, an attorney representing Wood County, said the WVSSAC is not following its own rules for reviewing the new classification system and has not surveyed its member schools about possible impacts. In a separate lawsuit brought by Point Pleasant High School and members of the Point Pleasant football team, Fifth Circuit Judge Anita Ashley ruled on November 11 that the high school football team, which would have been excluded from the competition, He issued an order ordering a play-in game to be played. Playoffs based on Wood County injunctive reclassification. They argue that the writ should be granted and Wood County’s injunction should be set aside. The Supreme Court indefinitely postponed all high school football playoff games pending the outcome of these cases. Saturday’s games between Capitol High School and Hampshire High School, and Point Pleasant against St. Albans High School, scheduled by Ashley’s order, have also been canceled. The Supreme Court again ruled that Ashley overstepped his authority. “Regarding the Mason County Circuit Court’s Nov. 11, 2024 order, we recognize that this order was issued in direct response to the Wood County Circuit Court’s grant of unreasonable injunctive relief.”According to orders. “Regardless, the Mason County Circuit Court similarly lacks authority to interfere in the internal affairs of the WVSSAC and has acted in excess of its legal powers by directing the WVSSAC to schedule play-in games as provided in the order. Ta. ” In a similar dispute regarding Class A volleyball, the Supreme Court on Monday granted WVSSAC’s motion for expedited relief, considering WVSSAC’s writ of bar on litigation brought over Class A volleyball’s classification. Class AA, AAA, and AAAA playoffs proceeded, but due to conflicting circuit court rulings in the case regarding the reclassification of Tyler Consolidated High School and East Hardy High School, the WVSSAC postponed the Class A playoffs pending the Supreme Court’s decision. did. The Tyler County Board of Education filed for an injunction on Oct. 1 to prevent the school from moving from Class A to Class AA. The injunction was granted on October 30th. In response, East Hardy High School filed its own injunction in circuit court seeking to bar Tyler Consolidated High School from participating in the Class A volleyball tournament, which was originally scheduled to begin Nov. 12. WVSSAC sought expedited relief from the Supreme Court, filing writs of prohibition against both Tyler and Hardy counties on Monday, asking the high court to lift a preliminary injunction blocking the class action. Provides guidance on whether to cancel the volleyball tournament or which orders of the lower court should be followed.
“In this matter, the Circuit Court of Tyler County…excludes its jurisdiction and applies its own judgment, superseding the decisions of the WVSSAC and its Board of Governors and the West Virginia Department of Education Board of Review regarding school classification. ” and clearly erred when it granted defendants relief in the form of an injunction classifying Tyler Consolidated as Class A on October 30, 2024. Management, the Board of Directors, and the Review Committee classified it as Class AA. ” WVSSAC attorney Stephen Gandy wrote: