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TIDEWATER PSYCHIATRIC INST. v. BUTTERY

Record No. 1204-88-1.

382 S.E.2d 288 (1989)

TIDEWATER PSYCHIATRIC INSTITUTE, INC. v. C.M.G. BUTTERY, M.D., M.P.H., State Health Commissioner and First Hospital Corporation of Virginia Beach, Inc.

Court of Appeals of Virginia.

July 11, 1989.

Attorney(s) appearing for the Case

Donald E. King, Robert T. Adams, and Thomas J. Stallings (McGuire, Woods, Battle & Boothe, Richmond, on brief), for appellant.

Carol S. Nance, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee, C.M.G. Buttery, M.D., M.P.H.

Thomas F. Hancock, Jr. and Peter M. Mellette (Crews & Hancock, Richmond, on brief), for appellee, First Hosp. Corp. of Virginia Beach, Inc.

Present HODGES, MOON and COLE, JJ.

MOON, Judge.

We affirm the judgment of the Circuit Court of the City of Virginia Beach because we find that the Commissioner of Health did not abuse his discretion by denying Tidewater Psychiatric Institute standing as a party in the proceedings below.

On February 13, 1987, the First Hospital Corporation of Virginia Beach (FHCVB) submitted an application for a Certificate of Public Need (COPN) to the Virginia Commissioner of Public Health, Dr. C.M.G. Buttery...

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