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STATE EX REL. W.V.A. SECONDARY v. CUOMO

No. 22-0261.

880 S.E.2d 46 (2022)

STATE of West Virginia EX REL. WEST VIRGINIA SECONDARY SCHOOL ACTIVITIES COMMISSION, Petitioner, v. The Honorable Jason A. CUOMO, Judge of the Circuit Court of Ohio County, and Heather B., Legal Guardian of A.B., Respondents.

Supreme Court of Appeals of West Virginia.

Filed: November 1, 2022.

Attorney(s) appearing for the Case

Stephen F. Gandee, Esq. , Robinson & McElwee PLLC, Clarksburg, West Virginia, Counsel for Petitioner.

David L. Delk, Jr., Esq. , Grove, Holmstrand & Delk PLLC, Wheeling, West Virginia, Counsel for Respondent Heather B.

On March 4, 2022, the Circuit Court of Ohio County entered a preliminary injunction against the West Virginia Secondary School Activities Commission ("the WVSSAC") in favor of Heather B. as legal guardian of A.B.1 The circuit court concluded the WVSSAC applied the WVSSAC's Waiver Rule, W. Va...

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