(Judicial Categories – Photo Illustration/MetroCreativeConnection)

PARKERSBURG — With ongoing litigation and several injunctions issued in the past week, the WVSSAC made a move Thursday that would bring the state football playoff tournament, which was postponed earlier this week due to ongoing litigation, to a resolution . As petitioner, WVSSAC filed with the Supreme Court of Appeals a petition for an injunction and a petition for expedited relief.
“We filed the request with the Supreme Court, now we are at the mercy of their deadline,” WVSSAC Associate Director Wayne Ryan said. “Obviously we hope for a decision in the near future. There is no guarantee.”
In the past week, two injunctions against WVSSAC were issued by county circuit court judges — one on Saturday by Wood County Judge JD Beane and the second late Monday in Mason County by Judge Anita Ashley. An ordinance filed by the Wood County Board of Education was made on behalf of Parkersburg High School, Parkersburg South High School and Williamstown High School due to the discrepancy in ratings and playoff points. The second order, which was pending as football coaches attended playoff meetings for each of the four classifications Sunday at the WVSSAC building, issued a ruling ordering a pair of scrimmages tomorrow (Friday) involving Class AAA schools Point Pleasant and Hampshire, which were shut out of the postseason when the ratings were reconfigured following the Wood County ordinance. Quoting again on appeal to the Supreme Court of Appeals, “The order of the Circuit Court of Wood County, West Virginia exceeds its legitimate powers and is clearly erroneous as a matter of law. The Circuit Court’s action is oft-repeated error and manifests a persistent disregard for WVSSAC’s discretion in administering its rules and regulations.
“He puts it succinctly, noting West Virginia case law ‘supports … the premise that courts are allowed to second-guess how the (WV)SSAC applies its rules.’
With litigation ongoing, the WVSSAC made the decision Tuesday to postpone the state football playoffs. Until the supreme court issues a ruling, the WVSSAC recognizes Class AAA play-in games as decided by the Mason County Circuit Court. Saturday at 1 p.m. Capital plays Hampshire at Bridgeport High School and Point Pleasant plays St. Albans at Hurricane High School. According to Thursday’s appeal to the Supreme Court, it comes “as a result of the WVSSAC’s practical inability to comply with both orders, it was necessary for the West Virginia State Football Playoffs to be postponed. “In order for the West Virginia State Football Playoffs to begin, it is necessary that the conflicting orders be resolved so that the WVSSAC can comply with all legal mandates when the playoffs resume. “Each week the playoffs are delayed is irreparable harm to WVSSAC member schools participating in the playoffs. Absent an immediate adjudication by this Court, the WVSSAC West Virginia State Football Playoffs cannot be played without violating one or another injunctive order of the Circuit Court. The appeal request ends with, “For the above reasons, Whereas the West Virginia Secondary School Activities Commission respectfully requests that the court grant this Motion for Expeditious Relief and grant any other further relief that the Court deems just and proper.”
Beyond the two-game sweep, the West Virginia state football playoffs continue to be considered postponed.
“We are in delay mode pending a Supreme Court decision,” Ryan said. We’re hoping within 72 hours, but that’s all we know. We are waiting to find out what rating system we will be using. The one we’ve had all year or the one governed by the Wood County Ordinance.”
Contact Kerry Patrick at [email protected]