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DEPT. OF COMMUNITY HEALTH v. GWINNETT HOSP.

Nos. A03A1214, A03A1215, A03A1216, A03A1217.

586 S.E.2d 762 (2003)

262 Ga. App. 879

DEPARTMENT OF COMMUNITY HEALTH, DIVISION OF HEALTH PLANNING v. GWINNETT HOSPITAL SYSTEM, INC. et al. EHCA, LLC et al. v. Gwinnett Hospital System, Inc. et al. EHCA, LLC et al. v. Saint Joseph's Hospital of Atlanta. Department of Community Health, Division of Health Planning v. Saint Joseph's Hospital of Atlanta.

Court of Appeals of Georgia.

August 26, 2003.

Attorney(s) appearing for the Case

Thurbert E. Baker, Atty. Gen., Robert S. Bomar, Deputy Atty. Gen., Harold D. Melton, Isaac Byrd, Sidney R. Barrett, Jr., Senior Asst. Attys. Gen., James Coots, Asst. Atty. Gen., for Department of Community Health.

Powell, Goldstein, Frazer & Murphy, Randall L. Hughes, Adrienne E. Marting, Charlotte A. Combre, John S. Rees, Atlanta, for Gwinnett Hospital System, Inc.

Nelson, Mullins, Riley & Scarborough, Jeffrey C. Baxter, Stanley S. Jones, Jr., Jennifer D. Malinovsky, Atlanta, for EHCA, LLC.

Kilpatrick Stockton, Alexander S. Clay, Ray & Sherman, John W. Ray, James M. Sherman, Dawnmarie Rodziewicz, Atlanta, for Saint Joseph's Hospital of Atlanta, Inc.

Dorough & Dorough, Kathy K. Dorough, Decatur, amicus curiae.

BARNES, Judge.

These four cases involve appeals from two trial courts' decisions to reverse the grant of a hospital certificate of need (CON), which was issued by the Georgia Department of Community Health (the Department), Division of Health Planning (the Division). Because these cases all involve the same facts, we have consolidated them for review.

In November 2000, EHCA, LLC, and two of its affiliates, EHCA...

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