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OREGON EYE ASSOC. v. STATE HEALTH PLANNING

485; CA A37851.

732 P.2d 41 (1987)

83 Or.App. 368

IN THE MATTER OF THE APPLICATION TO ESTABLISH AN AMBULATORY SURGICAL CENTER. OREGON EYE ASSOCIATES, Petitioner — Cross-Respondent, v. STATE HEALTH PLANNING and Development Agency of Oregon, Respondent — Cross-Respondent, The Sisters of St. Joseph of Peace Health and Hospital Services, a Washington Non-Profit Corporation Authorized to Do Business As Sacred Heart General Hospital, Eugene, Respondent — Cross-Petitioner.

Court of Appeals of Oregon.

Decided January 28, 1987.

Reconsideration Denied March 13, 1987.

Attorney(s) appearing for the Case

Peter F. Stoloff, Portland, argued the cause for petitioner — cross-respondent. With him on the briefs were Jacob Tanzer and Ball, Janik & Novack, Portland.

Eric A. Lindenauer, Portland, argued the cause for respondent — cross-petitioner. With him on the brief was Garvey, Schubert, Adams & Barer, Portland.

John A. Reuling, Jr., Asst. Atty. Gen., Salem, argued the cause for respondent — cross-respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.

WARDEN, Presiding Judge.

Oregon Eye Associates (OEA) seeks review of a final order of the State Health Planning and Development Agency (SHPDA) which denied OEA's application for a certificate of need to build an ambulatory surgical center (ASC) in Eugene for the performance of outpatient eye surgery. Sacred Heart General Hospital (SHGH) intervened before the agency to oppose the application and is a respondent on review. We...

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