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ROPER HOSPITAL v. BOARD OF S.C. DHEC

23490

306 S.C. 138 (1991)

410 S.E.2d 558

ROPER HOSPITAL, Respondent v. BOARD OF SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, and St. Francis Xavier Hospital, Appellants.

Supreme Court of South Carolina.

Decided October 7, 1991.

Rehearing Denied December 3, 1991.

Attorney(s) appearing for the Case

Walton J. McLeod, III, and William A. Ready, III of S.C.D.H.E.C., Columbia, for appellant S.C.D.H.E.C.

Gary E. Clary of Hall, Daniel, Winter & Clary, Gaffney, for appellant St. Francis Xavier Hosp.

M. Elizabeth Crum and Elizabeth A. Holderman of the McNair Law Firm, Columbia, Michael A. Molony of Young, Clement, Rivers & Tisdale, Charleston, for respondent.

Heard May 2, 1991.

Decided Oct. 7, 1991.

Rehearing Denied Dec. 3, 1991.

CHANDLER, Justice:

The Board of South Carolina Department of Health and Environmental Control (Board) appeals Circuit Court's reversal of its order denying Respondent Roper Hospital's (Roper) application for a certificate of need (CON). We reverse.

FACTS

Roper filed a CON application with the Department of Health...

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