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CINCINNATI AMBULATORY SURGERY CTR. v. CONRB

No. 88AP-478.

62 Ohio App.3d 1 (1988)

CINCINNATI AMBULATORY SURGERY CENTER, Appellee, v. OHIO CERTIFICATE OF NEED REVIEW BOARD, Appellee; Our Lady of Mercy Hospital, Appellant.

Court of Appeals of Ohio, Franklin County.

Decided December 13, 1988.

Attorney(s) appearing for the Case

Vorys, Sater, Seymour & Pease, James P. Friedt, Janice J. Janes and Anne C. Griffin, for appellee Cincinnati Ambulatory Surgery Center.

Anthony J. Celebrezze, Jr., Attorney General, and Barbara Serve, for appellee Ohio Certificate of Need Review Board.

Squire, Sanders & Dempsey, David J. Young and Bonnie Weaver Miller, for appellant Our Lady of Mercy Hospital.

Anthony J. Celebrezze, Jr., Attorney General, and Lawrence D. Pratt, for appellee Ohio Department of Health.

MCCORMAC, Judge.

On July 6, 1984, Hamilton-Surgical Care, Inc. filed an application for a Certificate of Need ("CON") to build an ambulatory surgery facility to be known as Cincinnati Ambulatory Surgery Center ("CASC") with the State Health Planning and Development Agency ("SHPDA"), now known as the Ohio Department of Health ("ODH"). On September 21, 1984, SHPDA declared the application complete. The application stated that the project site was to be located at 3234...

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