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CARRIAGE HILLS v. MD HEALTH RESOURCE

No. 388, Sept. Term, 1998.

724 A.2d 745 (1999)

125 Md. App. 183

CARRIAGE HILL CABIN JOHN, INC. v. MARYLAND HEALTH RESOURCES PLANNING COMMISSION, et al.

Court of Special Appeals of Maryland.

February 25, 1999.

Attorney(s) appearing for the Case

Joseph L. Bianculli of Arlington, VA (David Abse of Edgewater, on the brief), for appellant.

C. Frederick Ryland, Assistant Attorney General (J. Joseph Curran, Jr., Attorney General, on the brief), Baltimore, for appellee, Maryland Health Resources.

Jack Tranter (Thomas C. Dame and Gallagher, Evelius & Jones, LLP, on the brief), Baltimore, for appellee, HMC Retirement Properties, Inc.

Argued before MURPHY, C.J., and HOLLANDER and KENNEY, JJ.

HOLLANDER, Judge.

This appeal arises from a fierce competition that began in 1991, pitting three health care providers in a battle to obtain the requisite Certificate of Need from the Maryland Health Resources Planning Commission (the "Commission"), appellee, for the development of new nursing home beds in Montgomery County (the "County"). The competitors, Carriage Hill-Cabin John, Inc.1 ("Carriage...

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