×

West Virginia Supreme Court sides with WVSSAC in class A volleyball suit

(Volleyball Updates - Photo Illustration - MetroCreativeConnection)

CHARLESTON – Similar to a decision made earlier this week for high school football, the West Virginia Supreme Court of Appeals sided with the regulator of high school sports, paving the way for the resumption of the Class A volleyball tournament and cheer competitions.

In an order released Thursday evening, the state Supreme Court granted a motion filed by the West Virginia Secondary School Activities Commission seeking a writ of prohibition overturning two conflicting lower court decisions regarding high school sports classifications that put the Class A volleyball tournament on hold.

In the order, the Supreme Court ruled circuit court judges in Tyler and Hardy counties overstepped their authority by inserting their judgment in place of the WVSSAC, the body which regulates high school sports.

“We have repeatedly held that the manner in which the WVSSAC applies its rules is not subject to judicial review,” the order stated. “We thus conclude that the circuit court exceeded its authority in adjudicating the as-applied challenge to the WVSSAC reclassification rule, particularly when that as-applied challenge was already litigated and addressed by the appropriate body.”

The Supreme Court granted motions for expedited relief filed by the WVSSAC Monday. The Tyler County Board of Education filed for an injunction on Oct. 1 to move it from class A to class AA. That injunction was granted on Oct. 30.

In response, East Hardy High School filed its own injunction asking their circuit court to prohibit Tyler Consolidated High School from participating in the class A volleyball tournament that was originally scheduled to begin Nov. 12.

“With regard to the November 15, 2024, order of the Circuit Court of Hardy County, we observe that the order was issued in direct response to the Circuit Court of Tyler County’s improper grant of injunctive relief,” according to the order. “Be that as it may, the Circuit Court of Hardy County likewise lacked the authority to interfere with the internal affairs of the WVSSAC and overreached as a matter of law by directing the WVSSAC to exclude Tyler Consolidated from the Class A tournament.”

While playoffs for class AA, AAA, and AAAA went forward, the WVSSAC postponed the Class A playoffs pending the Supreme Court decision. Thursday’s order also affects the high school cheer state tournament.

“The impact of this ruling is to allow the WVSSAC to proceed with the Class A volleyball and cheer championships according to its rules and authority,” the order stated.

Justice William Wooten was replaced with Fayette County Circuit Judge Thomas Ewing after Wooten recused himself from hearing cases involving the WVSSAC due to his past involvement as an attorney for the organization.

Earlier this week, the Supreme Court granted a request by the WVSSAC for a writ for prohibition, against Wood County and Mason County circuit court rulings that caused high school football tournaments to be postponed. The justices determined that Wood County Circuit Judge J.D. Beane overstepped his authority when he threw out a reclassification system for high school football put in place at the beginning of the school year by the WVSSAC, reinstating the previous classification system.

Steven Allen Adams can be reached at sadams@newsandsentinel.com

Starting at $2.99/week.

Subscribe Today