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SYLACAUGA HEALTH CARE CENTER, INC. v. ALABAMA STATE HEALTH PLANNING AGENCY

AV93000476, AV93000484.

662 So.2d 265 (1994)

SYLACAUGA HEALTH CARE CENTER, INC. v. ALABAMA STATE HEALTH PLANNING AGENCY and Sylacauga Health Care Authority, d/b/a Coosa Valley Medical Center. ALABAMA NURSING HOME ASSOCIATION, INC. v. CERTIFICATE OF NEED REVIEW BOARD, State Health Planning Agency for the State of Alabama, Coosa Valley Medical Center, Inc., a/k/a Sylacauga Health Care Authority, Inc., and Derrell O. Fancher, as Executive Director of the Alabama State Health Planning Agency.

Court of Civil Appeals of Alabama.

Rehearing Denied January 20, 1995.

Certiorari Denied May 5, 1995.

Attorney(s) appearing for the Case

Alvin T. Prestwood of Capouano, Wampold, Prestwood & Sansone, Montgomery, Richard J. Brockman of Johnston, Barton, Proctor, Swedlaw & Naff, Birmingham, for appellants.

E. Hamilton Wilson, Jr. of Ball, Ball, Matthews & Novak, P.A., Montgomery, for the Alabama State Health Planning Development Agency and Walter Smith as Executive Director of the Alabama State Health Planning Agency.

Justice D. Smyth III of Robison & Belser, P.A., Montgomery, for Sylacauga Health Care Auth., Inc., d/b/a Coosa Valley Medical Center.

Alabama Supreme Court 1940626.

L. CHARLES WRIGHT, Retired Appellate Judge.

This is an appeal involving competing applications for a Certificate of Need (CON) to operate additional nursing home beds in Talladega County.

The first applicant, Sylacauga Health Care Center, Inc. (Sylacauga), filed its application with the Alabama State Health Planning and Development Agency (SHPDA), requesting approval for the construction and operation of 25 additional...

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