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CATHEDRAL ROCK OF GRANITE CITY, INC. v. HLTH. FACIL. PLANNING BD.

No. 4-98-0893.

720 N.E.2d 1113 (1999)

308 Ill. App.3d 529

242 Ill.Dec. 158

CATHEDRAL ROCK OF GRANITE CITY, INC., Plaintiff-Appellant, v. ILLINOIS HEALTH FACILITIES PLANNING BOARD; Pam A. Taylor; Marjorie E. Albrecht; Fred Benjamin; Philip Kennedy; Harry Kurshenbaum; Stuart Levine; Louis Libert; William Marshall; Robert Schrayer; Joyce Washington; Bernard Weiner; Richard Wright; Ernest Jenkins; Rosewood Care Center of Granite City, Rosewood Care Center, Inc., of Cook County, No. 4; HSM Development No. 5, Limited Liability Corporation; and the Department of Public Health, Defendants-Appellees.

Appellate Court of Illinois, Fourth District.

Decided October 19, 1999.

Attorney(s) appearing for the Case

Paul E. Adami, Joel A. Benoit (argued), Mohan, Alewelt, Prillaman & Adami, Springfield, for Cathedral Rock of Granite City, Inc.

James E. Ryan, Attorney General, Joel D. Bertocchi, Solicitor General, Karen J. Dimond, Assistant Attorney General (argued), Chicago, for Illinois Health Facilities Planning Board.

Daniel Maher, Springfield, for Rosewood Care Center of Granite City.

Justice GARMAN delivered the opinion of the court:

The Illinois Health Facilities Planning Board (Board) granted a certificate of need (CON) jointly to defendants Rosewood Care Center, Inc., of Cook County, No. 4, and HSM Development No. 5, L.L.C. (hereinafter referred to collectively as Rosewood), on January 27, 1997, allowing Rosewood to build an 80-bed, long-term-care nursing facility in Granite City, Madison County, Illinois. Plaintiff Cathedral Rock of Granite...

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