Virginia Supreme Court Rules in Favor of YMCA, Dismisses Cases

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The for-profit group claimed that the city and county violated the Virginia Public Procurement Act, which requires the government to seek bids on projects. Albemarle County and the city of Charlottesville donated $2.03 million and $1.25 million, respectively, to the Piedmont Family YMCA, Charlottesville, to build a Y in a city park. Neither the city nor the county allowed bids from private clubs, the for-profit group claimed.

However, Goodwyn wrote that Albemarle County Board of Supervisors had the right to enter into the agreement with the YMCA.

"The fitness clubs are strangers to the board's negotiations with the YMCA, including its decision to make a $2.03 million payment to the YMCA and enter into the use agreement," Goodwyn wrote. "Although ACAC alleges that it pays taxes in Albemarle County, it is not seeking to protect the interests of the taxpayers of Albemarle County and thus does not allege a justiciable controversy."

Furthermore, according to Goodwyn's opinion, the for-profit group filed the lawsuits to protect its own interests.

"ACAC did not institute its action for the benefit of taxpayers and others similarly situated," Goodwyn wrote. "Nor has it alleged that the $2.03 million payment to the YMCA will impose an illegal tax burden or will otherwise injuriously affect the taxpayers of the county. To the contrary, ACAC seeks to protect its own interests as a business that provides fitness services."

Goodwyn also wrote that the for-profit clubs were attempting to create rights they did not have.

"The fitness clubs did not seek to bid on the lease, did not protest the council's limitation to construction and operation of a non-profit facility, and did not otherwise seek a determination from the council as to whether they could submit a bid on the lease," Goodwyn wrote.