High School Football: Emergency TRO motion denied for Middletown senior
A Butler County judge on Tuesday, Sept. 29, denied a second emergency temporary restraining order motion sought by Middletown senior Kolby Morgerson to resume playing football this season. The decision by Judge Gregory S. Stephens cited an evidentiary hearing is needed “to evaluate the various positions of Plaintiff and [Ohio High School Athletic Association]” and granting a motion without one ...
On September 29, a Butler County judge denied Middletown senior Kolby Morgerson's second emergency temporary restraining order motion to resume playing football this season. Judge Gregory S. Stephens explained that an evidentiary hearing was necessary to evaluate the positions of both parties and granting the motion without one would not be appropriate.
Morgerson is now ineligible to play in the remaining games of the football season. The motion was filed on Friday and alleged that the OHSAA made its decision not to grant Morgerson an exemption to the organization's transfer rules based on assumptions rather than facts. The OHSAA denied Morgerson's request for an exemption on July 5 and an appeal on August 28, believing his transfer was for playing football and basketball at Middletown, not a change of address.
The judge stated that the emergency nature of the motion was moot as it pertained to the urgency of playing in Middletown's home game on Friday when collegiate scouts were present. The decision means Morgerson cannot play in the remaining games of Middletown's football season.
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