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DIMENSIONS MED. CTR. v. ELMHURST OUTPATIENT SURGERY CENTER, L.L.C.

No. 4-99-0030.

718 N.E.2d 249 (1999)

307 Ill. App.3d 781

240 Ill.Dec. 768

DIMENSIONS MEDICAL CENTER, LTD.; Access Center For Health, Ltd.; Access Health Center, Ltd.; and Northwest Community Health Center, Ltd., Plaintiffs-Appellants, v. ELMHURST OUTPATIENT SURGERY CENTER, L.L.C.; Elmhurst Memorial Center For Health; Elmhurst Memorial Health System, an Illinois Corporation, and Elmhurst Memorial Hospital, an Illinois Corporation; The Illinois Health Facilities Planning Board: Pam Taylor, Chairman; Marjorie Albrecht, Thomas Beck, Fred Benjamin, Ernest Jenkins, Bro. Phillip Kennedy, Harry Kurschenbaum, Stuart Levine, Robert Libert, William Marshall, Jr., M.D., Robert Schrayer, Joyce Washington, Bernard Weiner, and Richard Wright, Members; The Department of Public Health; and John Lumpkin, M.D., Director, Defendants-Appellees.

Appellate Court of Illinois, Fourth District.

Decided September 29, 1999.

Attorney(s) appearing for the Case

Andrew J. Creighton (argued), Arlington Heights, for Dimensions Medical Center, Ltd.

Thomas C. Shields, Daniel J. Lawler (argued), Bell, Boyd & Lloyd, Chicago, Paul R. Welch, Costigan & Wollrab, P.C., Bloomington, for Elmhurst Outpatient Surgery Center, L.L.C.

James E. Ryan, Attorney General, Joel O. Bertocchi, Solicitor General, Karen J. Dimond, Assistant Attorney General, Chicago, for Illinois Health Facilities Planning Bd.

Justice STEIGMANN delivered the opinion of the court:

In October 1997, defendant Illinois Health Facilities Planning Board (Board) issued a permit, known as a certificate of need (CON), to defendant Elmhurst Memorial Hospital (Memorial), a wholly owned subsidiary of defendant Elmhurst Memorial Health System, to build an outpatient facility to be called the Memorial Center for Health (Center for Health). The Board issued...

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