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MARION HOSP. CORP. v. HEALTH FACIL. PLANNING BD.

No. 1-00-1696.

746 N.E.2d 880 (2001)

321 Ill. App.3d 115

254 Ill.Dec. 123

MARION HOSPITAL CORPORATION, Plaintiff-Appellant, v. ILLINOIS HEALTH FACILITIES PLANNING BOARD; Pam Taylor, Chairman, Illinois Health Facilities Planning Board; Illinois Department of Public Health; Southern Illinois Orthopedic Center, L.L.C.; Southern Orthopedic Associates, L.L.C., and Southern Illinois Hospital Services, Defendants-Appellees.

Appellate Court of Illinois, First District, Fourth Division.

March 29, 2001.

Attorney(s) appearing for the Case

Shea, Rogal & Associates, LaGrange (Gerald W. Shea and Ira Rogal, of counsel), Robert N. Hutchison & Associates, Chicago (Robert Hutchison, of counsel), for Appellant.

McDermott, Will & Emery, Chicago (Brian S. Hucker and Geoffrey A. Vance, of counsel), for Southern et al.

James E. Ryan, Attorney General, Joel D. Bertocchi, Solicitor General, Timothy K. McPike, Assistant Attorney General, for Illinois Health Facilities and Public Health.

Justice HOFFMAN delivered the opinion of the court:

The Illinois Health Facilities Planning Board (Board) granted a permit allowing Southern Illinois Orthopedic Center, L.L.C. (SIOC) to construct an ambulatory surgical treatment center in Herrin, Illinois. The plaintiff, Marion Hospital Corporation (Marion), which operates Marion Memorial Hospital, filed a complaint for administrative review in the circuit court of Cook County challenging the issuance of the permit...

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