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W. BLOOMFIELD HOSP. v. CERT. OF NEED BD.

Docket Nos. 102746 to 102750, Calendar No. 11.

550 N.W.2d 223 (1996)

452 Mich. 515

WEST BLOOMFIELD HOSPITAL, Huron Valley Hospital, William Beaumont Hospital, and Sisters of Mercy Health Corporation, Petitioners-Appellees, v. CERTIFICATE OF NEED BOARD, Respondent, and Michigan Department of Public Health, Respondent-Appellant, and Pontiac Osteopathic Hospital, a Michigan nonprofit corporation, Respondent-Appellee.

Supreme Court of Michigan.

Decided July 16, 1996.

Attorney(s) appearing for the Case

Foster, Swift, Collins & Smith, P.C. by Gary J. McRay, Eric E. Doster, and Stephen J. Rhodes, Lansing, for petitioner-appellee West Bloomfield Hospital.

Miller, Canfield, Paddock & Stone, P.L.C. by James C. Foresman and David L. Kaser, Detroit, for petitioners-appellees Huron Valley Hospital and Sisters of Mercy Health Corporation.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and Ronald J. Styka, Assistant Attorney General, Lansing, for respondent-appellant Michigan Department of Public Health.

McGinty, Jakubiak, Frankland, Hitch & Henderson, P.C. by Kenneth P. Frankland, East Lansing, for respondent-appellee Pontiac Osteopathic Hospital.

Fraser, Trebilcock, Davis & Foster, P.C. by David E.S. Marvin and Wendy M. Guilfoyle, Lansing, Amicus Curiae for Economic Alliance for Michigan.

LEVIN, Judge.

The Department of Public Health denied the applications of the seven respondents for a certificate of need.

The Certificate of Need Board, on review of the decision of the department, denied respondents' applications in six of the seven cases. The board reversed the department's denial of Pontiac Osteopathic Hospital's application, and granted it a certificate of need.

The circuit court affirmed...

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