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CARLE FOUNDATION v. HEALTH FACILITIES PLANNING BD.

No. 1-98-3996.

717 N.E.2d 447 (1999)

307 Ill. App.3d 195

240 Ill.Dec. 354

The CARLE FOUNDATION and The Carle Foundation Hospital, Plaintiffs-Appellants, v. ILLINOIS HEALTH FACILITIES PLANNING BOARD; Pamela Taylor, Chairperson, Illinois Health Facilities Planning Board; Illinois Department of Public Health; John R. Lumpkin, Director, Illinois Department of Public Health; Danville Healthcare L.L.C., an Illinois Limited Liability Company; Thomas J. Pliura, Chief Executive Officer, Danville Healthcare L.L.C.; Mazonvest Facilities Company, an Illinois Corporation; Thomas J. Pliura, Chief Executive Officer, Defendants-Appellees.

Appellate Court of Illinois, First District, Fifth Division.

August 13, 1999.

Attorney(s) appearing for the Case

Priscilla P. Weaver, Diane J. Romza-Kutz and Jeffrey S. Kinsler of Mayer, Brown & Platt, Chicago, for Appellants.

James E. Ryan, Attorney General, Chicago (Karen J. Dimond, Assistant Attorney General, of counsel), for Appellees II. Health Facilities Planning Bd., Chairperson Pamela Taylor, The Illinois Department of Public Health, Director John R. Lumpkin.

Thomas J. Pliura, M.D. and Michael W. Rathsack, of counsel, Chicago, for Appellees Danville Healthcare LLC, Mazonvest Facilities Co. and Thomas J. Pliura, M.D.

John T. Bomber, Mark D. Deaton, Illinois Hospital & Healthsystems Association, Naperville, for amicus curiae Illinois Hospital & Healthsystems Association.

Justice THEIS delivered the opinion of the court:

On April 2, 1998, the Illinois Health Facilities Planning Board (Planning Board) granted Danville HealthCare L.L.C. (Danville HealthCare) a certificate of need to construct an ambulatory surgical treatment center. Plaintiffs sought judicial review of the Planning Board's decision in the circuit court, claiming it was against the manifest weight of the evidence to grant the certificate of need. The circuit court concluded...

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