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STEWART v. COM. OF PA. ET AL.

No. 990 C.D. 1987.

117 Pa.Commw. 552 (1988)

543 A.2d 1290

James H. Stewart, Jr., Petitioner v. Commonwealth of Pennsylvania, State Health Facility Hearing Board, Department of Health of Pennsylvania and Grantham Woods, Respondents.

Commonwealth Court of Pennsylvania.

July 12, 1988.

Attorney(s) appearing for the Case

James H. Stewart, Jr., petitioner, for himself.

Carol Brayshaw Longwell, Assistant Counsel, with her, Jonathan P. Neipris, Chief Counsel, for respondent, Department of Health.

Reed Hamilton, Blank, Rome, Comisky & McCauley, for respondent, Grantham Woods, Inc.

Argued April 20, 1988, before Judges COLINS and PALLADINO, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY JUDGE PALLADINO, July 12, 1988:

James H. Stewart, Jr. (Petitioner) appeals from an order of the State Health Facility Hearing Board (Board) quashing Petitioner's appeal from a decision of the Department of Health (Department) which granted the application of Grantham Woods, Inc. for a certificate of need (CON) to construct a long term care facility. We reverse and remand for further proceedings.

The Department's decision to grant the CON appears...

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