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GORDON v. ALLEN

Record No. 1394-96-4.

482 S.E.2d 66 (1997)

24 Va. App. 272

Ralph L. GORDON, State Health Commissioner, Department of Health v. Dr. Harold H. ALLEN, Jr., d/b/a Physicians Surgical Alliance, P.C.

Court of Appeals of Virginia, Alexandria.

March 4, 1997.

Attorney(s) appearing for the Case

Carol S. Nance, Assistant Attorney General (James S. Gilmore, III, Attorney General; William H. Hurd, Deputy Attorney General; Jane D. Hickey, Senior Assistant Attorney General, on briefs), for appellant.

Wyatt B. Durrette, Jr., Richmond (John T. Brennan, Jr.; Thomas A. Guidoboni, Washington, DC; Bronson F. Byrd, Fairfax; Durrette, Irvin & Bradshaw; Michaels, Wishner & Bonner, Washington, DC, on brief), for appellee.

Virginia Hospital & Healthcare Association (Julia Krebs-Markrich, Falls Church; H. Lane Kneedler; D. Patrick Lacy; Hazel & Thomas, Richmond, on brief), Amicus Curiae for appellant.

Present: MOON, C.J., and WILLIS and FITZPATRICK, JJ.

WILLIS, Judge.

The State Health Commissioner appeals from a final judgment of the trial court reversing the commissioner's denial of Dr. Harold H. Allen, Jr.'s request for a determination of nonreviewability under the certificate of public need (COPN) statute, Code § 32.1-102.1 et seq.,1 and holding that statute to be unconstitutionally vague. For the reasons set forth below, we reverse the judgment of the trial court.

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