YOUNGSTOWN, Ohio - A former Poland football player, who transferred to Cardinal Mooney, says he shouldn't be penalized just because his family's residence has changed.

Now the family of Nicholas Bilas, a junior at Cardinal Mooney, is taking on the Ohio High School Athletic Association.

Bilas and his family have turned to the Mahoning County courts to fight for his eligibility, and his right to play football at a new school.

Bilas, who is now number 59 for the Cardinals, played for Poland Seminary High School's football team during the 2011-2012 season.

The Ohio High School Athletic Association has ruled Bilas ineligible to play football at Cardinal Mooney, meaning he could be forced to sit out for the next year.

Attorney Mark Hanni represents Bilas and tells 21 News, "This is personal on behalf of Poland's Athletic Director Mr. Banfield who was totally upset, and as he put it said he's lost his up and coming star, and he's taking this personal."

But Poland's Athletic Director Brian Banfield, as well as the District's Interim Superintendent Don Dailey, tell 21 News nothing could be further from the truth. They say Bilas is a great kid, and a great athlete, and they wish him nothing but the best.

In fact, Banfield says Poland had nothing to do with the OHSAA's decision. He says it was the state who contacted them (Poland) in late June with concerns about Nicholas' eligibility.

Under what's called the transfer bylaw, the OHSAA is questioning whether the student athlete has actually moved from a home in Poland to a residence in Youngstown.

Attorney Steven Craig, representing the OHSAA says, "We don't want athletics to be the tail wagging the dog. They don't embrace the idea that kids ought to be able to change from school "A" to school "B" because athletics are better over here. It's about education and that should be the core driving any and all decisions."

But Attorney Mark Hanni says the change in schools for Bilas had nothing to do with athletics.

Nicholas' father, Major John Bilas, is expected to be promoted to the rank of Lieutenant Colonel in the U.S. Marine Corps. That means he could be stationed in another city, forcing the family to maintain two households. That's why he says the family put their Poland home up for sale.

"So they've decided to move in with a grandfather. So the son and the mother will stay there while he is on assignment and that way they only have to afford one house," Attorney Hanni said.

Attorney Hanni says it has already been stipulated to or agreed to by both sides that Bilas and his family actually live in Youngstown. But the OHSAA is not commenting on specifics of the case at this time.

The case is now in the hands of a Mahoning County Court Magistrate.

Bilas' attorney was able to obtain a temporary restraining order allowing him to play in Mooney's first two games. That temporary restraining order was extended two weeks as the two sides met in court on Tuesday.

But ultimately Bilas may need a judge's order to keep him running towards his goal without a penalty.

Both sides in the dispute are expected to submit their closing arguments in writing by Friday, September 7th, and then the Magistrate will determine whether to move forward with a preliminary injunction in the case.

Bilas' mother, Kimberly Bilas, decided to take the matter to court after receiving a letter from the Ohio High School Athletic Association that said her son was ineligible.