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WEST BLOOMFIELD HOSP. v. NEED BD.

Docket Nos. 149134, 149139, 149140, 149181, 149228.

208 Mich. App. 393 (1995)

528 N.W.2d 744

WEST BLOOMFIELD HOSPITAL v. CERTIFICATE OF NEED BOARD

Michigan Court of Appeals.

Decided January 17, 1995, at 10:10 A.M.

Attorney(s) appearing for the Case

Foster, Swift, Collins & Smith (by Gary J. McRay and Eric E. Doster), for West Bloomfield Hospital.

Miller, Canfield, Paddock & Stone (by James C. Foresman and Jay B. Rising), for Huron Valley Hospital.

Dickinson, Wright, Moon, Van Dusen & Freeman (by Peter H. Ellsworth and William C. Bertrand, Jr.), for William Beaumont Hospital.

Howard & Howard (by David L. Kaser and Todd D. Chamberlain), for Sisters of Mercy Health Corporation.

McGinty, Brown, Jakubiak, Frankland, Hitch & Henderson, P.C. (by Kenneth P. Frankland), for Pontiac Osteopathic Hospital.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and Susan I. Leffler and Marvin L. Bromley, Assistant Attorneys General, for the Certificate of Need Board and the Department of Public Health.

Before: WEAVER, P.J., and CAVANAGH and TAYLOR, JJ.

TAYLOR, J.

Appellant health care facilities appeal as of right from a circuit court order affirming in part and reversing in part an order of the Certificate of Need Board. Appellee Department of Public Health cross appeals from the same order. The appeals were consolidated for purposes of our review. We reverse.

This matter arises out of competition among several health care facilities to secure a certificate of need authorizing hospital construction in a...

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