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IN RE HEARTLAND OF MENTOR

No. 93AP-739.

92 Ohio App.3d 87 (1993)

In re HEARTLAND OF MENTOR.

Court of Appeals of Ohio, Franklin County.

Decided December 23, 1993.

Attorney(s) appearing for the Case

Bricker & Eckler, Gretchen A. McBeath and James F. Flynn, for appellant Manor Care of Willoughby.

Arter & Hadden, R. Douglas Wrightsel and Robert W. Horner III, for appellee Lincoln Health Center, Inc., d.b.a. Heartland of Mentor.

Lee Fisher, Attorney General, and Mary Anne Reese, Assistant Attorney General, for appellee Ohio Department of Health.

WHITESIDE, Judge.

Appellant, Manor Care of Willoughby ("Manor Care"), appeals from a decision of the Certificate of Need Review Board granting a certificate of need ("CON") to appellee Lincoln Health Center, Inc., d.b.a. Heartland of Mentor ("Heartland"), and raises the following assignment of error:

"The decision of the Board is not supported by reliable, probative and substantial evidence and is not in accordance with law since ODH was without power to consider...

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