According to the Detroit News, part of the lawsuit will request a restraining order against the MHSAA to restore Kithier's eligibility by January 15, the day the second semester starts for most Michigan high schools.

Kithier, a Michigan State commit, was ruled ineligible earlier this month when the MHSAA upheld a decision by Macomb Dakota (Kithier's previous school) not signing off on the transfer saying it was "athletically motivated". A transfer with this designation triggers a 180 day ineligibility period.

Kithier exhausted all of his appeal options through the MHSAA making legal counsel the next course of action if he has any chance to see the court this season.

Kithier moved by himself to a condo in the Clarkston district zone in an attempt to stay eligible and his family has since also moved to Clarkston and put their Macomb area home up for sale. Despite that, the "athletically motivated" designation renders that a moot point as a five person committee ruled in favor of the MHSAA's decision to uphold the ineligibility ruling.

The MHSAA ruled no undue influence or recruiting took place by Clarkston or their coaches in this situation.

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