DURANT v. HUMPHREYS COUNTY MEMORIAL HOSP.

No. 07-CA-59324.

587 So.2d 244 (1991)

City of DURANT, Mississippi, W.B. Johnson, John W. Glover, Swisher Hobbs, Faye Durham, Miles Ray, Frank Cox, Henry L. Mitchell, Earl Dodd Browning, William F. Irby, Wiley Humphries, Margaret Lomax and Daisy Glover, v. HUMPHREYS COUNTY MEMORIAL HOSPITAL/EXTENDED CARE FACILITY and the Mississippi State Department of Health.

Supreme Court of Mississippi.

September 18, 1991.


Attorney(s) appearing for the Case

James D. Kopernak, Cox Simpson & Bennett, Jackson, James H. Powell, III, Durant, for appellants.

Barry K. Cockrell, Richard G. Cowart, Watkins Ludlam & Stennis, Mike C. Moore, Atty. Gen., Stephanie L. Ganucheau, Sp. Asst. Atty. Gen., Arthur C. Sharpe, Jr., Jackson, for appellee.

En Banc.


ROBERTSON, Justice, for the Court:

I.

Today's appeal arises from a chancery court's refusal to enjoin administrative authorization and construction of a nursing home in Holmes County, Mississippi. Our core question is whether the state licensing agency respected applicable substantive and procedural standards in issuing the Certificate of Need (CON) to the original applicant. While we doubt anyone would call what...

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