NORFOLK, Va. (WVEC) -- The U.S. Court of Appeals for the Fourth Circuit said Wednesday that Gavin Grimm's case against the Gloucester County School Board should go back to the lower court.

Grimm, who was a transgender student at Gloucester High School, graduated this year. He had challenged the school board's bathroom policy which would not allow him to use the boys restroom, but would have required him to use a private bathroom.

Grimm had been using the boys restroom without any problem until someone within the community made it an issue. Grimm and his family addressed the issue without litigation at first, but eventually took the school board to court.

The case, which first entered the courts in 2015, reached the U.S. Supreme Court and garnered international attention.

The school board argued that because Grimm no longer is a student, that change of status deprives him of interest in further litigation. The school board added that the bathroom policy in the division does not necessarily apply to alumni and that whether it does apply to alumni is not "ripe for adjudication."

The appeals court concluded Wednesday that the case should go to the district court:

to determine, in the first instance, whether this case has become moot by reason of Grimm's graduation -- a resolution that will likely "require factual development of the record by the district court and possibly additional jurisdictional discovery."

The appeals ordered that the case, which had been scheduled for oral argument on September 12, 2017, be removed from its oral argument calendar.

Grimm Published Opinion from August 2, 2017 by 13News Now on Scribd