GRANDVIEW S.C. v. HOLY SPIRIT H., S. OF C.C.

Nos. 1438 C.D. 1986 and 1426 C.D. 1986.

111 Pa.Commw. 159 (1987)

533 A.2d 796

Grandview Surgical Center, Inc., Petitioner v. Holy Spirit Hospital of the Sisters of Christian Charity, Respondent. Commonwealth of Pennsylvania, Department of Health, Petitioner v. Holy Spirit Hospital, Respondent.

Commonwealth Court of Pennsylvania.

November 19, 1987.


Attorney(s) appearing for the Case

Jonathan Vipond, III, with him, Charles E. Gutshall, Baskin, Flaherty, Elliott, Mannino & Beren, P.C., and Jerry J. Weinberger, Tellie, Durkin, Weinberger, Murphy & Piazza, P.C., for petitioner, Grandview Surgical Center, Inc.

Carol Brayshaw Longwell, Assistant Counsel, with her, Darius G.C. Moss, Assistant Counsel, and Jonathan P. Neipris, Chief Counsel, for petitioner, Department of Health.

Jack M. Mumford, Duane, Morris & Heckscher, with him, David W. DeLuce, Myers, Johnson, Duffie & Weidner, for respondent.

Argued May 20, 1987, before President Judge CRUMLISH, JR., and Judges CRAIG, MacPHAIL, DOYLE, BARRY, COLINS and PALLADINO.


OPINION BY JUDGE COLINS, November 19, 1987:

Grandview Surgical Center, Inc. (Grandview), appeals an order of the State Health Facility Hearing Board (Board) which reversed the decision of the Department of Health (Department) granting Grandview a Certificate of Need (CON) to operate a free-standing ambulatory surgical center in Camp Hill, Pennsylvania. The Department has also appealed the Board's decision...

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