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STATE HEALTH PLANNING & DEV. AGENCY v. FOREST MANOR, INC.

2961319 and 2961320.

739 So.2d 17 (1998)

STATE HEALTH PLANNING AND DEVELOPMENT AGENCY v. FOREST MANOR, INC. Heritage Health Care Center, Inc. v. Forest Manor, Inc.

Court of Civil Appeals of Alabama.

Rehearings Denied April 17, 1998.

Attorney(s) appearing for the Case

Mark D. Wilkerson, Montgomery, for appellant State Health Planning and Development Agency.

G. Dennis Nabors and David E. Belser of Graddick, Belser & Nabors, P.C., Montgomery (initial brief); and C. Dennis Nabors and Franklin A. Saliba of Nabors & Saliba, Montgomery (reply brief), for appellant Heritage Health, Inc.

Alvin T. Prestwood and Daniel L. Feinstein of Volz, Prestwood & Hanan, P.C., Montgomery, for appellee.

ROBERTSON, Presiding Judge.

Pursuant to the rules and regulations of the State Health Planning and Development Agency ("SHPDA"), Heritage Health Care Center, Inc. ("Heritage"), and Forest Manor, Inc. ("Forest Manor"), submitted competing applications seeking a certificate of need ("CON") for 11 nursing home beds to be located in Tuscaloosa County. Each of the two applicants was given a staff report from SHPDA reviewing its application and setting out the standards...

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