It's the final courtroom showdown for the future of a new YMCA in McIntire Park - Thursday justices with the Virginia Supreme Court heard all sides of the controversial issue.
Albemarle County and the city of Charlottesville took a beating from the court. Both were in Richmond Thursday defending a contract with the Piedmont Family YMCA to build in McIntire Park, as well as financial donations given to the YMCA.
The contract issue over the YMCA came down to what one justice said today: "If it quacks like a duck you can't call it a goose."
According to the Charlottesville Area Fitness Club operators, which includes ACAC Fitness and Gold's Gym, both governments did not follow the Virginia Public Procurement Act, which requires a bid process. City and county attorneys claim the deal was a donation and falls under a different code.
Supreme Court justices grilled the city and county about the 27-page user agreement with the YMCA, questioning if the deal was a procurement of services.
David Thomas, an attorney for the fitness clubs stated, "It really is about making sure the law is followed and that there isn't favoritism."
Kurt Krueger of the Piedmont Family YMCA said, "They are giving us money to build a building."
The justices also questioned why it took the fitness club operators more than a year to file a lawsuit and why they did not form a nonprofit entity to place a bid on the project.
A decision from the Supreme Court is expected in September. They can uphold the lower courts finding which dismissed the suit or they can send it back for a trial.
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