PSYCHIATRIC INST. OF AMERICA v. MEDIPLEX

No. 86-327.

130 N.H. 125 (1987)

PSYCHIATRIC INSTITUTE OF AMERICA v. MEDIPLEX, INC. & a.

Supreme Court of New Hampshire.

December 4, 1987.


Attorney(s) appearing for the Case

Sulloway, Hollis & Soden, of Concord (Eleanor H. Holmes on the brief and orally), for Psychiatric Institute of America.

Orr & Reno P.A., of Concord (Eve H. Oyer on the brief and orally), for Lake Shore Hospital.

McSwiney, Jones, Semple & Douglas, of Concord (Charles G. Douglas III and Katherine E. Stine on the brief, and Mr. Douglas orally), for Mediplex, Inc.

Upton, Sanders & Smith, of Concord (Russell F. Hilliard and Gilbert Upton on the brief, and Mr. Hilliard orally), for James F. and Maureen G. O'Neill.

Stephen E. Merrill, attorney general (Douglas N. Jones, assistant attorney general, on the brief and orally), for the State, on behalf of Governor John H. Sununu and the Health Services Planning and Review Board.


BROCK, C.J.

This is an interlocutory transfer without ruling from the Superior Court (Cann, J.), whereby the parties seek clarification as to the effect, if any, of Executive Order 85-2 and of Laws 1985, chapter 378, on the certificate of need (CON) procedures set forth in RSA chapter 151-C (Supp. 1983).

The facts are not in dispute. In late 1984, Mediplex, Inc. (Mediplex), Whispering Pines, and Psychiatric...

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