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DIMENSIONS MEDICAL CENTER, LTD. v. SUBURBAN ENDOSCOPY CENTER

No. 1-96-3919.

697 N.E.2d 1231 (1998)

298 Ill. App.3d 93

232 Ill.Dec. 301

DIMENSIONS MEDICAL CENTER, LTD., Access Center for Health, Ltd. and Access Health Center, Ltd., Plaintiffs-Appellees, v. SUBURBAN ENDOSCOPY CENTER, Suburban Endoscopy Associates, Inc., an Illinois Corporation, Endoscopy Center Affiliates, Inc., a Delaware Corporation, Shea, Paige & Rogal, Inc., an Illinois Corporation, Defendants (Illinois Health Facilities Planning Board, John Lumpkin, M.D., Director, and Illinois Department of Public Health, Defendants-Appellants).

Appellate Court of Illinois, First District, Fifth Division.

July 17, 1998.

Attorney(s) appearing for the Case

James E. Ryan, Attorney General, Barbara A. Preiner, Solicitor General, Karen J. Dimond, Assistant Attorney General, Chicago, for defendants-appellants.

Andrew J. Creighton, Allyson Bouldon, Des Plaines, for plaintiffs-appellees.

Justice HOURIHANE delivered the opinion of the court:

In February 1996, Suburban Endoscopy Center received approval from the Illinois Health Facilities Planning Board to begin operation of an ambulatory surgical treatment center, in Mount Prospect, dedicated solely to gastroenterological procedures. Plaintiffs Dimensions Medical Center, Ltd., Access Center for Health, Ltd. and Access Health Center, Ltd. filed a timely complaint for administrative review in the circuit...

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