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DISTRICT OF COLUMBIA HOSP. ASS'N v. BARRY

No. 86-179.

586 A.2d 686 (1991)

DISTRICT OF COLUMBIA HOSPITAL ASSOCIATION, et al., Appellants, v. Marion S. BARRY, Jr., Mayor of the District of Columbia, et al., Appellees.

District of Columbia Court of Appeals.

Decided January 30, 1991.

As Amended April 12, 1991.

Attorney(s) appearing for the Case

James C. Pyles, with whom Barbara E. Straub was on the brief, Washington, D.C., for appellants. Denise C. Andresen, Washington, D.C., also entered an appearance, for appellants.

Lutz Alexander Prager, Asst. Deputy Corp. Counsel, with whom Herbert O. Reid, Corp. Counsel at the time the brief was filed, and Charles L. Reischel, Deputy Corp. Counsel, were on the brief, Washington, D.C., for appellees.

Before NEWMAN and TERRY, Associate Judges, and PRYOR, Senior Judge.

TERRY, Associate Judge:

In this case the District of Columbia Hospital Association (DCHA) and the thirteen hospitals it represents challenge three regulations promulgated by the District of Columbia State Health Planning and Development Agency (SHPDA). These regulations were part of a scheme designed to implement a District of Columbia statute, the Certificate of Need Act of 1980.1 Briefly stated, they permit the SHPDA to impose conditions...

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