HAMPDEN-WILBRAHAM REGIONAL SCHOOL DISTRICT & Others v. MASSACHUSETTS INTERSCHOLASTIC ATHLETIC ASSOCIATION, INC. (And Three Companion Cases).

NOTICE: Summary decisions issued by the Appeals Court pursuant to M.A.C. Rule

23.0, as appearing in 97 Mass. App. Ct. 1017 (2020) (formerly known as rule 1:28,

as amended by 73 Mass. App. Ct. 1001 [2009]), are primarily directed to the parties

and, therefore, may not fully address the facts of the case or the panel's

decisional rationale. Moreover, such decisions are not circulated to the entire

court and, therefore, represent only the views of the panel that decided the case.

A summary decision pursuant to rule 23.0 or rule 1:28 issued after February 25,

2008, may be cited for its persuasive value but, because of the limitations noted

above, not as binding precedent. See Chace v. Curran, 71 Mass. App. Ct. 258, 260

n.4 (2008).

COMMONWEALTH OF MASSACHUSETTS

APPEALS COURT

24-P-1432

HAMPDEN-WILBRAHAM REGIONAL SCHOOL DISTRICT & others 1

vs.

MASSACHUSETTS INTERSCHOLASTIC ATHLETIC ASSOCIATION, INC. (and

three companion cases 2).

MEMORANDUM AND ORDER PURSUANT TO RULE 23.0

In these consolidated appeals, the defendant, Massachusetts

Interscholastic Athletic Association, Inc. (MIAA), 3 appeals from

1Keri Lee, as next friend of Abigail Lee; Michelle

DaFonseca, as next friend of Mackenzie DaFonseca; Andrew Rostek,

as next friend of Annabella Rostek; Jason Suomala, as next

friend of Brady Suomala; Carey Pace, as next friend of Cora

Pace; Diane Diehl, as next friend of Paul Diehl; Marc Atkin, as

next friend of Kyle Atkin; Sara Malo, as next friend of Shane

Szado; Sarah Hull, as next friend of Natalie and Chelsea Hull;

and Kimberly Nowicki, as next friend of Gianna Nowicki.

2Baystate Academy Charter Public School vs. Massachusetts

Interscholastic Athletic Association, Inc., Hampden Super. Ct.,

No. 2479CV00647; Northampton Public Schools vs. Massachusetts

Interscholastic Athletic Association, Inc., Hampshire Super.

Ct., No. 2480CV00119; and Pioneer Valley Regional School

District vs. Massachusetts Interscholastic Athletic Association,

Inc., Franklin Super. Ct., No. 2478CV00073.

3The MIAA is "an association that regulates competitive

interschool athletic programs as the authorized representative

of its member school committees." Mancuso v. Massachusetts

interlocutory orders issued by Superior Court judges granting

preliminary injunctions to the plaintiffs in four separate

actions. See G. L. c. 231, § 118, second par. For the reasons

discussed below, we reverse.

Background. The plaintiffs in the four cases,

collectively, are a group of individual high school student-

athletes, appearing through their adult representatives, and

four western Massachusetts "school districts." 4 The plaintiff

schools are members of the Pioneer Valley Interscholastic

Athletic Conference (PVIAC). The plaintiff schools also are

members of the MIAA which, among other things, organizes

Statewide tournaments. Schools that become MIAA members agree

to be bound by and enforce the rules and regulations governing

Interscholastic Athletic Ass'n, Inc., 453 Mass. 116, 118-119

(2009). See G. L. c. 71, § 47 (MIAA "may supervise and control

all athletic and other organizations composed of public school

pupils . . . It may directly or through an authorized

representative determine under what conditions the same may

compete with similar organizations in other schools").

4 MIAA notes that it governs interscholastic high school

sports in the Commonwealth, and thus its members are individual

high schools such as plaintiff Baystate Academy Charter Public

School, and not school districts. For purposes of this appeal,

however, MIAA does not dispute that the named school districts

"are appropriate party-representatives" for Minnechaug High

School, Pioneer Valley High School, and Northampton High School.

For ease of reference, we refer to the plaintiffs in the four

cases collectively as the plaintiff schools or the plaintiffs.

2

athletics contained in the MIAA handbook (MIAA rules or MIAA

handbook).

For over twenty years, MIAA policy has required that all

member schools submit their athletic schedules by a certain

date. Furthermore, according to MIAA, it "has been and

continues to be" MIAA's policy that when there are tournaments

in which a member school team intends to participate but does

not know the identify of a specific opponent, the member school

must nevertheless include the potential game on its schedule as

"TBD" or "TBA."

In 2021, MIAA replaced regional tournaments with Statewide

tournaments; however, PVIAC continued to hold its own league

tournaments for its western Massachusetts members, and mandated

that members play in these games or non-playoff alternative

games (PVIAC games). Consistent with its above-referenced

policy, MIAA took the position (both prior to and in the present

litigation) that PVIAC games are part of the plaintiff schools'

regular seasons and must be listed as "TBA" or "TBD" on the

schedule submitted to MIAA at the beginning of the season.

Despite various reminders regarding the schedule submission

deadline and procedure, the plaintiff schools did not include

3

the PVIAC games 5 on their fall 2024 schedules submitted to the

MIAA. 6 As a result, MIAA took the position that the PVIAC games

not appearing on the schedules could not be played. 7 In October

2024, the MIAA and the PVIAC reached an agreement that the teams

that did not list the PVIAC games could still play those games;

however, those teams would receive a penalty in the form of a 0-

3 forfeit loss regardless of the outcome of the game. In the

event that both teams had failed to list the PVIAC games on

their schedules, both teams would have to record the game as a

"[n]o [c]ontest." The PVIAC-MIAA agreement sought to enforce

rule 34.6 of the MIAA handbook. 8

The plaintiffs brought four separate actions in the

Superior Court against the MIAA alleging breach of contract and

5These included, inter alia, games for boys' and girls'

soccer teams, girls' volleyball teams, and the girls' field

hockey team from certain member schools.

6Sixteen out of fifty-nine PVIAC member teams, including

the plaintiffs herein, failed to include PVIAC tournament games

on their schedules.

7Scheduling deadlines are strictly enforced to ensure that

all MIAA member schools are treated equally and that all scores

and records are accurately recorded throughout the season. The

deadlines are intended to prevent member schools from "gaming

the system and canceling or adding games to their schedules to

better position their teams in the power rankings."

8Rule 34.6 of the MIAA handbook provides, in relevant part,

that "[a]ny school overscheduling must forfeit the overscheduled

game(s) listed on their originally committed schedule. . . .

Overscheduling forfeits cannot be appealed."

4

breach of the covenant of good faith and fair dealing, and

seeking, injunctive relief, damages, and attorney's fees. Two

different judges issued orders in the four cases allowing the

plaintiffs' motions for temporary restraining orders and

preliminary injunctions restraining the MIAA from recording the

outcomes of the games in any manner other than the actual score;

three of the orders expressly required the MIAA to determine

State tournament eligibility based on the correct and accurate

game results. Otherwise stated, the judges ordered MIAA to

"record the actual teams' scores" (for the forfeited PVIAC games

not appearing on the schedules as "TBA" or "TBD") as the actual

results. In essence, the judges found that (1) "MIAA Rules and

Regulations do not specifically detail the process of completing

athletic schedules for both seasonal and post season," and (2)

despite the notice provided by MIAA to the athletic directors

and other school officials, the "TBA" and "TBD" placeholder

requirements were arbitrary and capricious. The injunctions did

not impact any teams from qualifying (or not qualifying) for the

2024 Statewide tournaments. The injunctions did, however,

affect the previously announced power rankings and seedings of

various MIAA schools for the tournaments. MIAA appeals from the

orders.

Discussion. MIAA argues, inter alia, that the judges

abused their discretion in allowing the motions for preliminary

5

injunctions because the plaintiffs failed to establish a

likelihood of success on the merits of their claims, failed to

allege or prove the existence of an enforceable contract, failed

to demonstrate that MIAA's action were arbitrary and capricious,

and failed to demonstrate irreparable harm. The plaintiffs

argue that the claims are moot, but if not, the judges did not

abuse their discretion.

1. Mootness. The plaintiffs ask us to dismiss the matter

as moot because the fall 2024 interscholastic athletic season

impacted by the terms of the preliminary injunctions has ended,

the tournament games have been played, and the final rankings,

titles, and awards have been determined and distributed.

"Litigation ordinarily is considered moot when the party

claiming to be aggrieved ceases to have a personal stake in its

outcome" (citation omitted). Aquacultural Research Corp. v.

Austin, 88 Mass. App. Ct. 631, 633 (2015). A party no longer

has a personal stake in a case "where a court can order 'no

further effective relief.'" Branch v. Commonwealth Employment

Relations Bd., 481 Mass. 810, 817 (2019), cert. denied, 589 U.S.

1133 (2020), quoting Lawyers' Comm. for Civ. Rights & Economic

Justice v. Court Adm'r of the Trial Court, 478 Mass. 1010, 1011

(2017). In general, courts decline to hear moot cases because:

"(a) only factually concrete disputes are capable of

resolution through the adversary process, (b) it is feared

that the parties will not adequately represent positions in

6

which they no longer have a personal stake, (c) the

adjudication of hypothetical disputes would encroach on the

legislative domain, and (d) judicial economy requires that

insubstantial controversies not be litigated."

Wolf v. Commissioner of Pub. Welfare, 367 Mass. 293, 298 (1975).

MIAA, by contrast, claims that both it and the member

schools have a continuing stake in the outcome of this appeal.

Relying on and quoting Abner A. v. Massachusetts Interscholastic

Athletic Ass'n, 490 Mass. 538, 541 (2022), MIAA argues that "the

fact that [it] has the ability 'to impose retroactive penalties

upon the school [members]' avoids mootness."

Although there is a measure of persuasiveness to the

plaintiffs' argument, precedent compels the conclusion that the

present case is not moot. In Abner A., the Supreme Judicial

Court recognized that in certain circumstances MIAA rules allow

it to impose retroactive penalties upon a school, and specified

that, in the circumstances of that case, MIAA Rule 29.2

authorized such penalties. 9 See Abner A., 490 Mass. at 541.

Likewise, in the present case, MIAA Rule 34.6 provides that

"[a]ny school overscheduling must forfeit the overscheduled

game(s) listed on their originally committed schedule," and that

"[o]verscheduling forfeits cannot be appealed." The preliminary

9 "MIAA Rule 29.2 provides that 'any contest in which an

ineligible student or coach participates under court order will

be forfeited if the order is dissolved or the plaintiff

ultimately fails to prevail.'" Abner A., 490 Mass. at 541.

7

injunctions entered in these cases precluded the forfeits from

being imposed. Thus, just as in Abner A., supra "enforcement of

this rule (which is prohibited under the terms of the

preliminary injunction[s]) would have an impact on the school's

record of wins and losses," and therefore on the power rankings

and seedings for the MIAA Statewide tournaments. Under these

circumstances, the "MIAA rules allow the MIAA to impose

retroactive penalties," including adjusting the records of the

plaintiffs' teams to reflect forfeiture. Id. Thus, the parties

retain a personal stake in the outcome of this litigation.

Even assuming, arguendo, that the present cases are moot,

"mootness alone does not necessarily mean that the matter should

be dismissed, because it may be capable of repetition, yet

evading review" (quotation and citation omitted). Abner A., 490

Mass. at 541. Here, the scheduling disputes at issue in these

cases were not limited to only one school. Rather, sixteen out

of fifty-nine PVIAC member teams, including the four plaintiffs

herein, failed to include PVIAC tournament games on their

schedules. That fact alone suggests that the scheduling

concerns at issue in these cases are not isolated and are

capable of repetition. See id. at 542 ("similar requests for

review of MIAA eligibility determinations have been made by

other students, and are virtually certain to be filed in the

future"). Furthermore, "as evident in the circumstances here,

8

the process of appellate review would likely extend well beyond

the length of a high school athletic season, which generally

spans only a few months." Id. Accordingly, we decline the

invitation to dismiss the present matter as moot.

2. Merits. We review the allowance or denial or a

preliminary injunction for abuse of discretion. See Abner A.,

490 Mass. at 545. To prevail on a motion for a preliminary

injunction, the moving party must demonstrate a likelihood of

success on the merits; that the moving party faces a substantial

risk of irreparable harm if the injunction is denied; and "that

this risk of irreparable harm, considered in light of the moving

party's chances of prevailing on the merits, outweighs the

nonmoving party's probable harm" (citation omitted). Id.

Here, the plaintiffs' complaints allege breach of contract

and breach of the covenant of good faith and fair dealing. 10 The

plaintiffs' claims suffer from a clear shortcoming: their

complaints, arguments, and briefing fail to allege and specify

what contract provision, if any, was violated. At oral

argument, the plaintiffs suggested that rule 32.1 of the MIAA

10Challenges to alleged arbitrary action by MIAA, "[i]n the

absence of a specific statutory remedy," Mancuso, 453 Mass. at

134 may proceed under the certiorari statute. See G. L. c. 249,

§ 4; Abner A., 490 Mass. at 545. Here, by contrast, the

plaintiffs framed their causes of action as ones for breach of

contract and breach of the covenant of good faith and fair

dealing.

9

handbook, a provision requiring the members of MIAA to "read[,]

understand, abide by, and be prepared to enforce all rules,

regulations, and policies contained within [the MIAA] Handbook,"

was violated. We disagree. Conclusory allegations of breach of

contract are insufficient, as a party must identify the specific

contractual obligation alleged to have been violated. See

Pollock v. New England Tel. & Tel. Co., 289 Mass. 255, 261

(1935). See also Brooks v. AIG SunAmerica Life Assur. Co., 480

F.3d 579, 586 (1st Cir. 2007) (to state a viable breach of

contract claim under Massachusetts law, plaintiffs must "do more

than allege, in conclusory fashion, that the defendant breached

the contract, by describing, with 'substantial certainty,' the

specific contractual promise the defendant failed to keep");

Doyle v. Hasbro, Inc., 103 F.3d 186, 194-195 (1st Cir. 1996)

(same). Rule 32.1 was not identified in the complaints as a

basis for the plaintiffs' claims. Furthermore, the plaintiffs

did not articulate in the Superior Court, with the requisite

specificity, how MIAA Rule 32.1 or any particular contractual

term was violated. Indeed, the plaintiffs have neither alleged

nor articulated any language imposing a concrete, enforceable

obligation that MIAA purportedly violated, nor explained how

MIAA Rule 32.1 translates into a discrete contractual duty that

MIAA itself could have violated. Absent identification of a

specific provision and the manner in which it was violated, we

10

cannot agree that the plaintiffs demonstrated a likelihood of

success on the merits of their contract-based claims. 11, 12

To be clear, we do not hold that the plaintiffs had no

potential recourse against the MIAA. See, e.g., note 12, supra.

11The plaintiffs' claims of breach of the covenant of good

faith and fair dealing fail for the same reason. Indeed

"[e]very contract implies good faith and fair dealing between

the parties to it. However, the covenant does not create new

rights and duties not already provided for in the contract"

(citations and quotation omitted). Columbia Plaza Assocs. v.

Northeastern Univ., 493 Mass. 570, 586 (2024). The plaintiffs

failed to identify what duty MIAA affirmatively violated and are

thus seeking to create new rights and duties in the contract.

12The plaintiffs argue that the judges were correct in

allowing the preliminary injunction in view of one judge's

finding that "the process for school sports schedule submission

must be clearly stated in the Rules and Regulations of MIAA as

notice for member schools to follow and avoid confusion," and

thus the "MIAA decision to exclude [p]laintiffs['] actual game

scores in post season tournament games is arbitrary and

capricious." While there may be some persuasiveness to this

argument, it does not allege, much less demonstrate, a breach of

contract. To the contrary, the argument centers on alleged

conduct outside of the contract. See note 11, supra.

Furthermore, it is axiomatic that to obtain a preliminary

injunction, the applicant must show a likelihood of success on

the merits of the underlying claim, Packaging Indus. Group, Inc.

v. Cheney, 380 Mass. 609, 616-622 (1980), and injunctive relief

"is a remedy, and not a cause of action." Mullins v. Corcoran,

488 Mass. 275, 286 n.16 (2021). Where the plaintiffs have not

demonstrated a likelihood of success on the merits of their

underlying breach of contract claims, their requests for

injunctive relief likewise fail. See id. In any event, on the

record before us, we do not agree with the judge's determination

that MIAA's decision was "bereft of any rationale." See Frawley

v. Police Comm'r of Cambridge, 473 Mass. 716, 729 (2016)

(decision is arbitrary or capricious such that it constitutes

abuse of discretion where it "lacks any rational explanation

that reasonable persons might support" [citation omitted]).

11

Rather, we hold only that as pleaded and argued here, the

plaintiffs have failed to meet their burden to demonstrate a

likelihood of success on the merits. 13 See Pollock, 289 Mass. at

261. 14, 15

Conclusion. The orders allowing the motions for temporary

restraining orders and preliminary injunctions are reversed, and

Where we determine that the plaintiffs failed to

13

establish a likelihood of success on the merits of their claims,

we need not reach the other elements needed to obtain a

preliminary injunction. See Foster v. Commissioner of

Correction, 484 Mass. 698, 712 (2020) ("[T]he movant's

likelihood of success is the touchstone of the preliminary

injunction inquiry. . . . [Without it], the remaining factors

become matters of idle curiosity").

Our holding should not be construed to suggest that the

14

MIAA's relationship with its member schools is not contractual.

We do not reach that issue.

We recognize the Superior Court judges' thoughtful

15

analyses, and the emergency nature of the proceedings before

them as well as the time and resource constraints associated

therewith.

12

the injunctions are dissolved. The cases are remanded to the

Superior Court for further proceedings. 16

So ordered.

By the Court (Blake, C.J.,

Neyman & Grant, JJ. 17),

Clerk

Entered: March 25, 2026.

16Despite our determination that the present case is not

moot, in these particular circumstances, where the fall 2024

interscholastic athletic season has ended more than two years

ago, the tournament games have been played, and the final

rankings, titles, and awards have been determined and

distributed, it is difficult to discern any benefit to either

party of further litigating these matters in the Superior Court.

Nonetheless, that determination is, of course, left to the

parties.

17 The panelists are listed in order of seniority.

13