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EX PARTE FOREST MANOR, INC.

1971320.

739 So.2d 20 (1998)

Ex parte FOREST MANOR, INC. (In re State Health Planning and Development Agency v. Forest Manor, Inc.; and Heritage Health Care Center, Inc. v. Forest Manor, Inc.)

Supreme Court of Alabama.

December 11, 1998.

Attorney(s) appearing for the Case

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

Mark D. Wilkerson and R. Winston Lee of Brantley & Wilkerson, P.C., Montgomery, for respondent State Health Planning and Development Agency.

G. Dennis Nabors and Franklin A. Saliba of Nabors & Saliba, L.L.C., Montgomery, for respondent Heritage Health, Inc.

LYONS, Justice.

Forest Manor, Inc., appealed to the trial court from a decision by the State Health Planning and Development Agency ("SHPDA") denying a certificate of need ("CON") to Forest Manor for 11 new nursing-home beds and granting a CON to Heritage Health Care Center, Inc. ("Heritage"), for the 11 new beds. Forest Manor contended that SHPDA had violated the Alabama Administrative Procedure Act, § 41-22-1 et seq., Ala.Code 1975 ("AAPA"); specifically, Forest...

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