Selfspot Inc. v. Butler County Family YMCA

HANCHER, J.,

Now before the court are the preliminary objections of the defendant, Butler County Family YMCA. For the reasons set forth below, defendant’s preliminary objections are sustained.

I. FACTUAL BACKGROUND

Plaintiff d/b/a The Fitness Factory, is a tax paying small business located at 671 Castle Creek Drive Extension, Seven Fields, Butler County, Pennsylvania.1 The Fitness Factory has operated as a commercial health club at this location since May 1998. Defendant Butler County Family YMCA, operating as a tax exempt charity, recently announced plans to build a new 35,000 square foot,…