APPEAL OF REHAB. ASSOC'S OF N.E.

No. 88-225.

131 N.H. 560 (1989)

APPEAL OF REHABILITATION ASSOCIATES OF NEW ENGLAND (New Hampshire Health Services Planning and Review Board)

Supreme Court of New Hampshire.

April 7, 1989.


Attorney(s) appearing for the Case

Nixon, Hall & Hess, of Manchester (Francis G. Murphy, Jr., on the brief and orally), for Rehabilitation Associates of New England.

Stephen E. Merrill, attorney general (Martha Pyle Farrell, attorney, on the brief), by brief for the State, as amicus curiae.

Wadleigh, Starr, Peters, Dunn & Chiesa, of Manchester (Eugene M. Van Loan, III, on the brief), by brief for Capital Region Health Care Corporation, as amicus curiae.

Craig & Wenners, of Manchester and Choate, Hall & Stewart, of Boston, Massachusetts (William H. Craig & a. on the brief, and Paul W. Allison orally), for St. Joseph Hospital, Cheshire Medical Center and Catholic Medical Center.


JOHNSON, J.

In this appeal from a decision and a denial of a motion for reconsideration by the New Hampshire Health Services Planning and Review Board (the board), the plaintiff, Rehabilitation Associates of New England (RANE), raises the following issues: (1) whether RANE, as a holder of a certificate of need, may re-site its planned facility within the same service area without first obtaining board approval; and (2) whether the board abused its discretion in failing...

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