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FAIRVIEW GENERAL HOSP. v. FLETCHER

No. 89AP-1335.

69 Ohio App.3d 827 (1990)

FAIRVIEW GENERAL HOSPITAL, Appellee, v. FLETCHER, Director, Appellee; University Hospital of Cleveland, Appellant.

Court of Appeals of Ohio, Franklin County.

Decided October 16, 1990.

Attorney(s) appearing for the Case

Walter, Haverfield, Buescher & Chockley, James E. Betts, Marcia E. Hurt and Richard T. Hamilton, Jr., for plaintiff-appellee Fairview General Hospital.

Anthony J. Celebrezze, Jr., Attorney General, and Dennis G. Nealon, for defendant-appellee.

Roth & Rolf Co., L.P.A., and Sheila P. Cooley, for appellant.

BOWMAN, Judge.

On February 4, 1987, appellee, Fairview General Hospital ("Fairview"), sought permission from the Ohio Department of Health ("ODH") to change the status of its Neonatal Intensive Care Unit ("NICU") from a Level II to a Level III center. On March 5, 1987, ODH notified Fairview that it must apply for a Certificate of Need ("CON") in order to redesignate its fourteen neonatal intensive care beds. On August...

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