SHOOLMAN v. HEALTH FACILITIES APPEALS BOARD


404 Mass. 33 (1989)

533 N.E.2d 632

THEODORE J. SHOOLMAN & others vs. HEALTH FACILITIES APPEALS BOARD & others.

Supreme Judicial Court of Massachusetts, Suffolk.

February 7, 1989.


Attorney(s) appearing for the Case

David A. Guberman (Robert J. Muldoon, Jr., with him) for the plaintiffs.

Michael Broad (Ernest M. Haddad with him) for The General Hospital Corporation.

Douglas H. Wilkins, Assistant Attorney General, for Health Facilities Appeals Board & another.

Present: HENNESSEY, C.J., ABRAMS, LYNCH, & O'CONNOR, JJ.


O'CONNOR, J.

This case arises under G.L.c. 111, §§ 25B-25G (1984 ed.).3 The purpose of the statute, known as the determination of need law, is to "prevent unnecessary expansion of health care facilities in the Commonwealth and encourage appropriate allocation of resources for health care purposes." Commissioner of Pub. Health v. Bessie M. Burke Memorial Hosp., 366 Mass. 734, 735...

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