BIO-MAG. RES., INC. v. DEPT. PUB. HEALTH

Docket No. 197460.

593 N.W.2d 641 (1999)

234 Mich. App. 225

BIO-MAGNETIC RESONANCE, INC., Plaintiff-Appellant, v. DEPARTMENT OF PUBLIC HEALTH and Michigan Certificate of Need Commission, Defendants-Appellees.

Court of Appeals of Michigan.

Decided February 23, 1999, at 9:05 a.m.

Released for Publication May 19, 1999.


Attorney(s) appearing for the Case

Butzel Long (by William R. Ralls and Steven D. Weyhing), Lansing, for the plaintiff.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and R. Philip Brown, Assistant Attorney General, for the defendants.

Before: MacKENZIE, P.J., and HOLBROOK, JR., and SAAD, JJ.


PER CURIAM.

Plaintiff appeals as of right from a Court of Claims order granting summary disposition under MCR 2.116(C)(8) to defendants. We affirm.

Plaintiff is a for-profit corporation that provides medical diagnostic services through the use of a magnetic resonance imaging unit (MRI unit). In order to acquire a second MRI unit, plaintiff filed a petition with defendant Michigan Department of Public Health (MDPH) for a certificate of need (CON)

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