What is in this article?:
- Virginia Supreme Court Rules in Favor of YMCA, Dismisses Cases
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The Virginia Supreme Court ruled in favor of a YMCA and against a for-profit club organization in Charlottesville, VA, that had attempted to thwart the building of a local YMCA in a city park.
The Virginia Supreme Court ruled in favor of a YMCA and against a for-profit club organization in Charlottesville, VA, that had attempted to thwart the building of a local YMCA in a city park.
The for-profit club organization, Charlottesville Area Fitness Club Operators Association, includes ACAC Fitness and Wellness Centers and Gym Quest Inc., a Gold's Gym franchisee.
"ACAC was disappointed by the ruling, but we appreciate that the court saw fit to hear the case," Christine Thalwitz, director of communications and research for ACAC Fitness and Wellness Centers, told Club Industry. "We respect their decision and look forward to moving ahead."
On Thursday, the Virginia Supreme Court vacated and dismissed two judgments entered by the circuit courts of the city of Charlottesville and Albemarle County. The two cases were Charlottesville Area Fitness Club Operators Association vs. Albemarle County Board of Supervisors and Charlottesville Area Fitness Club Operators Association vs. Charlottesville City Council. Judges ruled in favor of the county in November 2010 and ruled in favor of the city in April 2011 before the decisions were appealed.
Justice S. Bernard Goodwyn wrote the opinion for the Virginia Supreme Court.
"Because we are of the opinion that none of the claims asserted in the declaratory judgment actions presents a justiciable controversy, we will vacate the judgments of the circuit courts and dismiss the declaratory judgment actions because the circuit courts did not have authority to exercise jurisdiction," Goodwyn wrote.
Kurt Krueger, chairman of the Piedmont Family YMCA, told local media it was "a good day for the Y" and planned to proceed with the construction of the Y.
