P'burg district ends fight District wanted to play Pennsylvania teams but also compete for N.J. title Thursday, September 13, 2007 • By Mike Frassinelli • Star-Ledger Staff ROBBINSVILLE, N.J. | It's game over for Phillipsburg School District's four-year challenge of a rule requiring varsity sports teams to play at least 70 percent of games in New Jersey to qualify for the state playoffs. As it did once before, the executive committee of the New Jersey State Interscholastic Athletic Association on Wednesday upheld a subcommittee recommendation to deny Phillipsburg a waiver of the "70 percent rule." But just before the executive committee vote at the NJSIAA headquarters in Mercer County, Phillipsburg School District special counsel David B. Rubin said the district was ready to drop its case. He said a school board under new leadership wanted to end the litigation. "There has been a change of heart on my client's part," Rubin said. Two years ago, the state education commissioner, while agreeing with the validity of the 70 percent rule, remanded the case back to the NJSIAA on procedural grounds. Wednesday's ruling, coupled with Phillipsburg School District's desire to drop litigation, ends the case that began in October 2003. Phillipsburg, which boasts the Garden State's winningest high school football team with 595 victories, had wanted to return to traditional rivalries against opponents in the Lehigh Valley while still being able to compete in the New Jersey championships. The district in 1995 joined the Skyland Conference, composed of teams from Warren, Somerset and Hunterdon counties. District officials said the long trips to Skyland Conference schools were causing a hardship. Rubin added that he thinks Phillipsburg demonstrated a hardship. The executive committee went ahead with the vote anyway, trying to protect itself against the possibility of a future Phillipsburg appeal. The committee in separate votes declined to accept Phillipsburg's offer to drop its case without prejudice and upheld a recommendation by the NJSIAA League/Conference subcommittee to deny a waiver of the 70 percent rule. Joseph S. Novak, a lawyer representing the Skyland Conference, said it would have been unsatisfying had the case ended without some kind of resolution. "We played the game; the match is over. We want the referee to raise somebody's hand," Novak said. Subcommittee members determined that Phillipsburg was not a unique case, noting that all Skyland Conference schools have travel concerns. Executive committee member Philip Heery, who also chairs the league/conference subcommittee, pointed out that the Phillipsburg teams have voluntarily scheduled out-of-conference games across the state and cheerleading trips to Florida. "While these efforts are commendable, they are contrary to the arguments they are presenting," Heery said. Mike Frassinelli may be reached at mfrassinelli@starledger.com or 908-475-1218. © 2007 The Star-Ledger. Used by NJ.com with permission.