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DIMENSIONS MED. CENTER, LTD. v. ADVANCED AMBULATORY SURGICAL CENTER, INC.

No. 1-97-3536.

712 N.E.2d 880 (1999)

305 Ill. App.3d 530

238 Ill.Dec. 776

DIMENSIONS MEDICAL CENTER, LTD., Access Center for Health, Ltd., and Access Health Center, Ltd., Plaintiffs-Appellants, v. ADVANCED AMBULATORY SURGICAL CENTER, INC., 2333 North Harlem Limited Partnership; an Illinois General Partner; Charles Foley; Illinois Department Of Public Health, John R. Lumpkin, M.D., Director; The Illionis Health Facilities Planning Board; Pam Taylor, Chairman; Marjorie Albrecht, Fred Benjamin, Ernest Jenkins, B. Philip Kennedy, Harry Kurschenbaum, Stuart Levine, Louis Libert, William J. Marshall, Jr., M.D., Robert M. Schrayer, Joyce Washington, Bernard Weiner, and Richard W. Wright, Members, Defendants-Appellees.

Appellate Court of Illinois, First District, First Division.

Rehearing Denied June 29, 1999.

Attorney(s) appearing for the Case

Andrew J. Creighton, of counsel, Arlington Heights, for Appellants.

Gardner, Carton and Douglas, Chicago (Mark E. Furlane, of counsel), for Appellees Advanced Ambulatory Surgical Center, Inc.

Office of the State of Illinois, Attorney General, Chicago (Barbara A. Preiner, Karen J. Dimond, of counsel), for Appellees Illinois Dept. of Public Health, John R. Lumpkin, M.D., Director, The Illinois Health Facilities Planning Board and its Members.

Presiding Justice O'BRIEN delivered the opinion of the court:

The Illinois Health Facilities Planning Board (the Board) approved defendant Advanced Ambulatory Surgical Treatment Center's application for a permit to create an ambulatory surgical treatment center in Chicago that would provide dental, gynecological, orthopedic, plastic, urological, pediatric, podiatric and general surgery. Plaintiffs Dimensions Medical Center, Ltd., (Dimensions), Access Center for Health...

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