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HALE v. PETIT

438 A.2d 226 (1981)

E. Blaine HALE, et al. v. Michael R. PETIT, et al.

Supreme Judicial Court of Maine.

Decided December 9, 1981.

Attorney(s) appearing for the Case

Amerling & Burns, W. John Amerling (orally), George F. Burns, Portland, for plaintiffs.

Preti, Flaherty & Beliveau, John P. Doyle, Jr. (orally), Thomas R. Kolb, Portland, for defendants.

Gerald F. Rodman (orally), Asst. Atty. Gen., Augusta, for Petit and Dept. of Human Services.

Before McKUSICK, C. J., and NICHOLS, ROBERTS and CARTER, JJ.

ROBERTS, Justice.

Before constructing a major health care facility, a developer must obtain a certificate of need from the Department of Human Services (Department) after undergoing the review process specified in the Certificate of Need Act, 22 M.R.S.A. §§ 301-322. In 1979 and 1980, the Department reviewed two applications to construct nursing homes in Franklin County. The application to construct Sandy River Nursing Care Center filed by Sandy River Associates...

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