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STATE HEALTH PLANNING AGENCY v. MOBILE INFIRMARY ASS'N

No. Civ. 6345-A & B.

533 So.2d 255 (1988)

STATE HEALTH PLANNING AGENCY, et al. v. MOBILE INFIRMARY ASSOCIATION.

Court of Civil Appeals of Alabama.

Rehearing Denied October 12, 1988.

Attorney(s) appearing for the Case

Don Siegelman, Atty. Gen., and Roger S. Morrow and Joel H. Pearson of Morrow, Romine & Pearson, Sp. Asst. Attys. Gen., for appellant Alabama State Planning Agency.

Justice D. Smith, III of Robison & Belser, Montgomery, for appellant Knollwood Long Term Care Hosp.

Wade B. Perry, Jr. of Johnstone, Adams, Bailey, Gordon & Harris, Mobile, for appellee.

INGRAM, Judge.

Mobile Infirmary Association (the Infirmary) appealed to the trial court from an unfavorable declaratory ruling by the State Health Planning Agency Certificate of Need Review Board which held that the Infirmary's offering of rehabilitative services as a distinct unit was subject to certificate of need review and approval by the State Health Planning Agency (SHPA). The trial court subsequently reversed the SHPA ruling on the grounds that the SHPA erroneously...

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