WEST BLOOMFIELD HOSP. v. CERTIFICATE OF NEED BD.

Docket Nos. 197324-197328

567 N.W.2d 1 (1997)

223 Mich. App. 507

WEST BLOOMFIELD HOSPITAL, Huron Valley Hospital, William Beaumont Hospital and Sisters of Mercy Health Corporation, Plaintiffs-Appellees, and Rehab/Avon, Plaintiff, v. CERTIFICATE OF NEED BOARD and Department of Public Health, Defendants-Appellees/Cross-Appellants, and Pontiac Osteopathic Hospital, a Michigan Nonprofit Corporation, Defendant-Appellant/Cross-Appellee. WEST BLOOMFIELD HOSPITAL, Plaintiff-Appellant/Cross-Appellee, and Huron Valley Hospital, Rehab/Avon, William Beaumont Hospital and Sisters of Mercy Health Corporation, Plaintiffs, v. CERTIFICATE OF NEED BOARD, Michigan Department of Public Health, Defendants-Appellees/Cross-Appellants, and Pontiac Osteopathic Hospital, a Michigan Nonprofit Corporation, Defendant-Appellee. WEST BLOOMFIELD HOSPITAL, Huron Valley Hospital, Rehab/Avon and Sisters of Mercy Health Corporation, Plaintiffs, and William Beaumont Hospital, Plaintiff-Appellant/Cross-Appellee, v. CERTIFICATE OF NEED BOARD and Michigan Department of Public Health, Defendants-Appellees/Cross-Appellants, and Pontiac Osteopathic Hospital, a Michigan Nonprofit Corporation, Defendant-Appellee. WEST BLOOMFIELD HOSPITAL, Huron Valley Hospital, Rehab/Avon and William Beaumont Hospital, Plaintiffs, and Sisters of Mercy Health Corporation, Plaintiff-Appellant/Cross-Appellee, v. CERTIFICATE OF NEED BOARD and Michigan Department of Public Health, Defendants-Appellees/Cross-Appellants, and Pontiac Osteopathic Hospital, a Michigan Nonprofit Corporation, Defendant-Appellee. WEST BLOOMFIELD HOSPITAL, Plaintiff-Appellee, and Rehab/Avon, William Beaumont Hospital, and Sisters of Mercy Health Corporation, Plaintiffs, and Huron Valley Hospital, Plaintiff-Appellant/Cross-Appellee, v. CERTIFICATE OF NEED BOARD, Defendant-Appellee/Cross-Appellant, and Pontiac Osteopathic Hospital, a Michigan Nonprofit Corporation, Defendant-Appellee.

Court of Appeals of Michigan.

Decided May 16, 1997, at 9:15 a.m.

Released for Publication August 6, 1997.


Attorney(s) appearing for the Case

Foster, Swift, Collins & Smith, P.C. by Gary J. McRay, Stephen J. Rhodes, and Eric E. Doster, Lansing, for West Bloom field Hosp.

Miller, Canfield, Paddock and Stone by James C. Foresman and David L. Kaser, Detroit, for Huron Valley Hosp. and Sisters of Mercy Health Corp.

McGinty, Jakubiak, Frankland, Hitch & Henderson, P.C. by Kenneth P. Frankland, East Lansing, for Pontiac Osteopathic Hosp.

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

Before MARK J. CAVANAGH, P.J., and TAYLOR and MICHAEL J. KELLY, JJ.


ON REMAND

MARK J. CAVANAGH, Presiding Judge.

This case, in which appellant facilities seek certificates of need from the Department of Public Health to build or alter their facilities, is before us for the second time. Previously, a divided panel of this Court concluded that the department's failure to adopt and follow a state medical facilities plan, as mandated by law, was error, and therefore remanded the case...

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