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FITNESS CLUB OPERATORS v. ALBEMARLE COUNTY

Record Nos. 110741, 112233.

737 S.E.2d 1 (2013)

285 Va. 87

CHARLOTTESVILLE AREA FITNESS CLUB OPERATORS ASSOCIATION, et al. v. ALBEMARLE COUNTY BOARD OF SUPERVISORS, et al. Charlottesville Area Fitness Club Operators Association, et al. v. Charlottesville City Council, et al.

Supreme Court of Virginia.

January 10, 2013.

Attorney(s) appearing for the Case

David W. Thomas ( Edward B. Lowry ; MichieHamlett, on briefs), Charlottesville, for appellants.

Greg Kamptner , Deputy County Attorney, for appellees in Record No. 110741.

Allyson Manson-Davies , Deputy City Attorney ( S. Craig Brown , City Attorney, on brief), for appellees in Record No. 112233.

Amici Curiae: Local Government Attorneys of Virginia, Inc., Virginia Municipal League, and Virginia Alliance of YMCAs ( William R. Allcott, Jr. ; Robert L. Hodges ; Kevin J. O'Brien , Richmond; Kurt J.  Krueger, Charlottesville; McGuireWoods, on brief), in support of appellees in Record No. 110741.

Amici Curiae: Local Government Attorneys of Virginia, Inc., Virginia Municipal League, Virginia Association of Counties, and Virginia Alliance of YMCAs ( William R. Allcott, Jr. ; Robert L. Hodges ; Kevin J. O'Brien , Richmond; Kurt J. Krueger , Charlottesville; McGuireWoods, on brief), in support of appellees in Record No. 112233.

Present: KINSER, C.J., GOODWYN, MILLETTE, MIMS, McCLANAHAN, and POWELL, JJ., and RUSSELL, S.J.

Opinion by Justice S. BERNARD GOODWYN.

Charlottesville Area Fitness Club Operators Association, Atlantic Coast Athletic Clubs of Virginia, Inc., and Gym Quest, Inc., d/b/a Gold's Gym Charlottesville (collectively, the Fitness Clubs) appeal from judgments entered by the Circuit Courts of the City of Charlottesville and the County of Albemarle sustaining demurrers to their declaratory judgment actions challenging the lease of public property by the City of Charlottesville...

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