Dynamic Sports Fitness Corp. of America, Inc. v. Community YMCA of Eastern Delaware County

Plaintiff failed to set forth a prima facie case of violation of the Institutions of Purely Public Charity Act because it did not allege that the YMCA's health club business is unrelated to the Y's charitable purposes.

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Argued October 5, 2000

Dynamic Sports Fitness Corporation of America, Inc., t/a The Sports Club (Sports Club) appeals from the order of the Court of Common Pleas of Delaware County (trial court) that sustained the preliminary objections of The Community YMCA of Eastern Delaware County, Ridley Area YMCA Branch (YMCA) and dismissed the Sports Club’s complaint against the YMCA. The Sports Club’s complaint sought declaratory and injunctive relief under the Institutions of Purely Public Charity Act (Act), Act of November 26, 1997, P.L. 508, 10 P.S. ��371-385. We affirm. *fn1

On November 2, 1998, the Sports Club filed a complaint against the YMCA alleging, among other things, that it is a tax-paying “small business,” as defined by the Act, operating a health (exercise) club within three miles of the YMCA, an “institution of purely public charity,” as defined by the Act. The complaint further alleges that the YMCA was in the process of expanding its own “health club” facilities to create a state-of-the-art health club in direct competition with the Sports Club. The Sports Club alleges that the YMCA’s planned expansion of its facilities entitles the Sports Club to injunctive relief under the Act.

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Dynamic Sports Fitness Corp. of America, Inc. v. Community YMCA of Eastern Delaware County

Plaintiff failed to set forth a prima facie case of violation of the Institutions of Purely Public Charity Act because it did not allege that the YMCA's health club business is unrelated to the Y's charitable purposes.

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