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HOME HEALTH SERVICES, INC. v. DHEC

1330

298 S.C. 258 (1989)

379 S.E.2d 734

HOME HEALTH SERVICES, INC., Appellant v. SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, Respondent.

Court of Appeals of South Carolina.

Decided April 24, 1989.

Attorney(s) appearing for the Case

F. Truett Nettles, II of Hollings, Nettles & Settlemeyer, P.A., Charleston, for appellant.

General Counsel Walton J. McLeod, III, Staff Counsel Salley M. Rentiers, and Staff Counsel Susan A. Lake, South Carolina Department of Health and Environmental Control, Columbia, for respondent.

Heard March 20, 1989.

Decided April 24, 1989.

GOOLSBY, Judge:

Home Health Services, Inc. brought this action seeking judicial review of the decision by the South Carolina Department of Health and Environmental Control (DHEC) to grant Roper Hospital a certificate of need to operate a home health service agency. The trial court granted DHEC's motion to dismiss the action pursuant to Rule 12(b)(1) of the South Carolina Rules of Civil Procedure. Home Health...

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