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Selfspot

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eBook details

  • Title: Selfspot
  • Author : Commonwealth Court of Pennsylvania
  • Release Date : January 25, 2003
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 68 KB

Description

Selfspot, Inc. d/b/a The Fitness Factory (Selfspot) appeals from an order of the Court of Common Pleas of Butler County that sustained preliminary objections filed by The Butler County Family YMCA (Butler YMCA) and dismissed Selfspot's complaint in equity against the Butler YMCA filed under the Institutions of Purely Public Charity Act (Act), Act of November 26, 1997, P.L. 508, 10 P.S. §§371 - 385, on the basis that the court lacked subject matter jurisdiction. Selfspot raises first whether the provision of Section 8(a) of the Act, 10 P.S. §378(a), that "[i]t is the policy of this act that institutions of purely public charity shall not use their tax-exempt status to compete unfairly with small business" is intended to prohibit charities that own and operate commercial businesses from competing unfairly against small business, and second whether a purely public charity may rely on the charitable purpose of "promotion of health" set forth in its charter to justify its ownership of a commercial health club after the effective date of the Act in 1997, when the legislature intentionally deleted "promotion of public health" as a charitable purpose and expressly repealed all laws that were inconsistent with the new definition of charitable purpose.


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