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Washington Supreme Court denies request to review Pac-12 ruling made by lower court

The ruling maintains a Whitman County judge's previous decision to allow Washington State and Oregon State universities to have full control of the Pac-12.

WASHINGTON — The Washington state Supreme Court denied the University of Washington's (UW) request to review a ruling made by a lower court regarding the Pac-12 conference.

The ruling maintains a Whitman County judge's previous decision to allow Washington State University (WSU) and Oregon State University to have full control of the Pac-12. The decision also lifts a stay previously put on the lower court's ruling.

Last month, Whitman County Judge Gary Libey ruled in favor of WSU and OSU's motion to be the only two governing board members of the PAC-12 conference.

"This court finds in favor of that the plaintiffs are likely to prevail on their interpretation of the bylaws," the judge said. "The parties prior course of conduct uniformly supports the plaintiffs."

As part of his ruling, Judge Libey said the other ten schools that are leaving the conference must be treated fairly. He included provisions that the conference can continue with normal business and any future meetings must be noticed three days ahead to all 10 departing members; WSU and OSU must invite the ten schools to meetings, but departing members cannot vote or make decisions.  

Two weeks later, The Washington state Supreme Court granted a request by UW and the Pac-12 to put the lower court's ruling on hold until the high court could make a full review. 

Oregon State and Washington State claim the conference's previous actions set a precedent by removing the schools from the board of directors after announcing plans to switch conferences.

“We are disappointed in the Washington Supreme Court Commissioner’s decision to temporarily allow the departing schools to have veto power over Pac-12 board matters while they appeal the superior court’s well-reasoned decision to grant Oregon State’s and Washington State’s request to govern as the Pac-12’s sole remaining members," the schools said in a statement.

The 10 departing schools are concerned that Oregon State and Washington State, given full control of the conference, would withhold hundreds of millions in revenue the conference will generate this school year.

Meanwhile, OSU and WSU reached a scheduling agreement with the Mountain West Conference (MWC) for the 2024 football season. Each school will play six games, three home and three away, provided by the conference. that would allow the schools to operate a two-team Pac-12 for at least one season.

The immediate need is for football scheduling, but the schools and Mountain West also are talking about expanding the arrangement to other sports.

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