The Boys and Girls Clubs of South Alabama, Inc. v. Fairhope-Point Clear
Rotary Youth Programs, Inc., [Ms. 1110843, Oct. 19, 2012] __ So. 3d __(Ala. 2012). Two entities D
the Fairhope-Point Clear Rotary Youth Programs, Inc. and the Ruff Wilson
Youth Organization, Inc. D sued the Boys and Girls Clubs of South Alabama,
Inc. for declaratory and injunctive relief, which was granted by the Circuit
Court of Baldwin County. The Alabama Non-Profit Corporation Act, Ala.
Code 1975, ¤¤ 10A-3-1.01 through -8.02 defines, in ¤
10A-3-2.44, who has standing to challenge a transfer of real or personal
property by or to a non-profit corporation: a member or a director against
the non-profit corporation, a proceeding by the non-profit corporation,
or a proceeding by the Attorney General. Potential beneficiaries of a
charitable trust incorporated under the Act do not have standing to bring
an action to enjoin a sale contemplated by the corporation or to challenge
the corporation's disposition of the proceeds of a sale of its property.
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