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ACCESS CENTER FOR HEALTH v. HEALTH FACILITIES PLANNING BD.

No. 2-95-1140.

669 N.E.2d 668 (1996)

283 Ill. App.3d 227

218 Ill.Dec. 525

ACCESS CENTER FOR HEALTH, LTD., Plaintiff-Appellant, v. HEALTH FACILITIES PLANNING BOARD; the Department of Public Health; Hinsdale Surgical Center Inc.; and Hinsdale Hospital, Defendants-Appellees.

Appellate Court of Illinois, Second District.

August 12, 1996.

Attorney(s) appearing for the Case

Andrew J. Creighton, Michael P. Myers, Allyson Bouldon, Des Plaines, for Access Center For Health, Ltd.

James E. Ryan, Attorney General, Cacilia Reich Masover, Assistant Attorney General, Barbara A. Preiner, Solicitor General, Chicago, for Department of Public Health and Illinois Health Facilities Planning Board.

Brian S. Hucker, Terry Darden, McDermott, Will & Emery, Chicago, for Hinsdale Hospital and Hinsdale Surgical Center, Inc.

Justice DOYLE delivered the opinion of the court:

Plaintiff, Access Center for Health, Ltd., appeals from an order of the circuit court of Du Page County that confirmed a decision of the Illinois Health Facilities Planning Board (Board). The Board approved the application of an ambulatory surgical treatment center (ASTC) for a permit, known as a certificate of need (CON), to relocate the center.

Defendants, Hinsdale Surgical Center, Inc. (Hinsdale Surgical...

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