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BIO-MEDICAL APPLICATIONS v. BD. OF APPEALS

No. 02-AA-72.

829 A.2d 208 (2003)

BIO-MEDICAL APPLICATIONS OF the DISTRICT OF COLUMBIA d/b/a FRESENIUS MEDICAL CARE NORTH AMERICA, Petitioner, v. DISTRICT OF COLUMBIA BOARD OF APPEALS AND REVIEW, Respondent, CAPITOL DIALYSIS, LLC, Intervenors.

District of Columbia Court of Appeals.

Decided July 24, 2003.

Attorney(s) appearing for the Case

Ronald L. Castle, with whom Lisa A. Estrada was on the brief, Washington, DC, for petitioner.

John T. Brennan, with whom Kathleen M. Stratton was on the brief, Washington, DC, for intervenors.

Robert R. Rigsby, Corporation Counsel, and Charles L. Reischel, Deputy Corporation Counsel, at the time filed a statement in lieu of brief for respondent.

Before RUIZ, GLICKMAN and WASHINGTON, Associate Judges.

GLICKMAN, Associate Judge:

Bio-Medical Applications of the District of Columbia, Inc. d/b/a/ Fresenius Medical Care North America ("Fresenius") appeals a decision of the District of Columbia Board of Appeals and Review ("BAR") that upheld the State Health Planning and Development Agency ("SHPDA") Director's grant of a certificate of need for Capitol Dialysis, LLC ("Capitol") to establish a kidney dialysis center. Fresenius contends that SHPDA should not have approved...

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