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JOHNSTON AMBULATORY SURG. ASSOC. v. NOLAN

No. 98-512-M.P., 98-493-M.P.

755 A.2d 799 (2000)

JOHNSTON AMBULATORY SURGICAL ASSOCIATES, LTD. v. Patricia NOLAN, in her capacity as Director of the Rhode Island Department of Health et al. St. Joseph Health Services of Rhode Island, Inc., doing business as St. Joseph Hospital for Specialty Care and Our Lady of Fatima Hospital v. Patricia Nolan, in her capacity as Director of the Rhode Island Department of Health et al.

Supreme Court of Rhode Island.

July 12, 2000.

Attorney(s) appearing for the Case

Patricia Rocha, Providence, Randolph Bart Totten, for Plaintiff.

Joseph G. Miller, Warwick, Peter J. McGinn, Providence, for Defendant.

Present: LEDERBERG, BOURCIER, FLANDERS, and GOLDBERG, JJ.

OPINION

LEDERBERG, Justice.

These consolidated petitions for certiorari sought our review of decisions by two successive Rhode Island Department of Health (department) directors on applications for certificate of need (CON) approval to operate an ambulatory surgical facility. In one of the petitions, the department sought review of that portion of a Superior Court judgment that vacated the department's grant...

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