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SPRINGWOOD ASSOC. v. HEALTH FACILITIES PLANNING BOARD

No. 4-94-0370.

646 N.E.2d 1374 (1995)

269 Ill.App.3d 944

207 Ill.Dec. 287

SPRINGWOOD ASSOCIATES, d/b/a Elmwood Health Care Center, Plaintiff-Appellant, v. HEALTH FACILITIES PLANNING BOARD, First CareAmerica Corporation, Charles Foley, John Lumpkin, and Illinois Department of Public Health, Defendants-Appellees.

Appellate Court of Illinois, Fourth District.

Decided March 3, 1995.

Rehearing Denied March 31, 1995.

Attorney(s) appearing for the Case

Daniel Maher, Springfield (argued), for Springwood Associates d/b/a Elmwood Health Care Center.

Roland W. Burris, Atty. Gen, Rosalyn B. Kaplan, Sol. Gen, William K. Blanchard (argued), Asst. Atty. General, Chicago, for Ill. Dept. of Public Health, Health Facilities Planning Bd, John Lumpkin.

Kevin N. McDermott, Springfield (argued), for First CareAmerica Corp., Charles Foley.

Justice COOK delivered the opinion of the court:

In November 1993, the Illinois Health Facilities Planning Board (Board) approved the application of defendant First CareAmerica Corporation (First CareAmerica) for a certificate of need to add 28 skilled nursing beds to its Collinsville Care Center, a 122bed skilled nursing facility located in Collinsville, in Madison County. Plaintiff Springwood Associates Limited Partnership (Springwood), operator of the Elmwood Health...

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