METHODIST HOMES FOR THE AGING v. STEWART

2900438.

594 So.2d 161 (1992)

METHODIST HOMES FOR THE AGING CORP. d/b/a Wesley Terrace v. Charlie STEWART, et al.

Court of Civil Appeals of Alabama.

January 10, 1992.


Attorney(s) appearing for the Case

Justice D. Smyth III and Philip H. Butler of Robison & Belser, P.A., Montgomery, for appellant.

G. Dennis Nabors and Margaret Johnson McNeill of Anderson & Nabors, P.C., Montgomery, for appellee Alabama State Health Planning Agency.

John V. Denson of Samford, Denson, Horsley, Pettey, Martin & Barrett, Opelika, and Ivan Wood and Erin E. Lunceford of Baker & Hostetler, McCutchen Black, Houston, Tex., for appellee East Alabama Health Care Authority.


RUSSELL, Judge.

This is an appeal involving competing applications for a Certificate of Need (CON) to operate additional hospital beds in Lee County. The issuance of a CON is a prerequisite to the offering or operation of any new institutional health service in this state by any individual or entity. § 22-21-265(a), Ala.Code 1975. All CON applications are reviewed by the State Health Planning Agency (SHPA), which may, in its reasonable discretion, grant or deny...

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