STATE HEALTH PLAN. v. BAPTIST HEALTH SYSTEM

2970997.

766 So.2d 176 (1999)

STATE HEALTH PLANNING AND DEVELOPMENT AGENCY and DeKalb Center for Healthcare, Inc. v. BAPTIST HEALTH SYSTEM, INC.

Court of Civil Appeals of Alabama.

Rehearing Denied June 18, 1999.

Certiorari Quashed March 31, 2000.


Attorney(s) appearing for the Case

Mark D. Wilkerson and R. Winston Lee of Brantley & Wilkerson, Montgomery, for appellant State Health Planning and Development Agency.

M. Ann Huckstep and Laurence J. McDuff of Lange, Simpson, Robinson & Somerville, L.L.P., Birmingham, for appellant DeKalb Center for Healthcare, Inc.

Robert Marcus Givhan and David M. Hunt of Johnston, Barton, Proctor & Powell, L.L.P., Birmingham; and William D. Scruggs, Jr., of Scruggs, Jordan, Dodd, Dodd & Thompson, P.A., Fort Payne, for appellee.


Alabama Supreme Court 1981647.

YATES, Judge.

This appeal involves a circuit court's action overturning a decision by the State Health Planning and Development Agency ("SHPDA").

On May 6, 1996, Arcon Healthcare Services, Inc., d/b/a DeKalb Center for Healthcare, Inc. ("Arcon"), submitted a "Certificate of Need" (hereinafter "CON") application to SHPDA to construct on Sand Mountain in DeKalb County a clinic with a combined 24-hour emergency-care facility...

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