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IN RE CUMBERLAND CARE CTR.

No. 97APH05-654.

123 Ohio App.3d 616 (1997)

In re CUMBERLAND CARE CENTER, Appellant; Director of Health, Appellee.

Court of Appeals of Ohio, Tenth District, Franklin County.

Decided November 4, 1997.

Attorney(s) appearing for the Case

Webster & Associates, Geoffrey Webster and Brenda J. Graf, for appellant.

Betty D. Montgomery, Attorney General, and Kent M. Shimeall, Assistant Attorney General, for appellee, William Ryan, Director of Health.

BOWMAN, Judge.

In February 1995, appellant, Cumberland Care Center, through its president and sole shareholder, Thomas Rosser, filed an application for a certificate of need ("CON") with the Ohio Department of Health ("ODH") to construct a new eightythree-bed nursing home in Licking County. The proposed new nursing home was to include thirty-three replacement beds for Pine Kirk Nursing Home, thirty-five replacement...

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