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SAINT PETER'S UNIV. HOSP. v. LACY

856 A.2d 756 (2004)

372 N.J.Super. 170

SAINT PETER'S UNIVERSITY HOSPITAL, Plaintiff-Appellant, v. Clifton R. LACY, Commissioner of the New Jersey Department of Health and Senior Services, Mary Wachter, Chief of Staff of the New Jersey Department of Health and Senior Services, and the New Jersey Department of Health and Senior Services, an Agency of the State of New Jersey, Defendants-Respondents, and Robert Wood Johnson University Hospital, Intervenor-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided September 14, 2004.

Attorney(s) appearing for the Case

Anthony A. Bongiorno (McDermott, Will & Emery, attorneys; Mr. Bongiorno, of counsel and, with Mark W. Pearlstein and Jennifer S. Geetter, on the brief) of the Massachusetts bar, admitted pro hac vice, Boston, MA, argued the cause for appellant (Sills Cummis Epstein & Gross, attorneys; Steven S. Radin, attorney, Newark).

Melissa H. Raksa, Deputy Attorney General, argued the cause for respondent Department of Health and Senior Services (Peter C. Harvey, Attorney General, attorney; Michael J. Haas, Assistant Attorney General, of counsel; Erin O'Leary, Deputy Attorney General, on the brief).

Joseph M. Gorrell, Roseland, argued the cause for intervenor-respondent (Brach, Eichler, Rosenberg, Silver, Bernstein, Hammer & Gladstone, attorneys; Mr. Gorrell, of counsel and, with Richard B. Robins, on the brief).

Before Judges KESTIN, CUFF and WINKELSTEIN.

The opinion of the court was delivered by

KESTIN, P.J.A.D.

Saint Peter's University Hospital (St. Peter's) appeals from the adoption by the Department of Health and Senior Services (the Department) of regulations codified at N.J.A.C. 8:43G-22A.6(c) and (e) on the ground that those provisions violate the certificate of need (CN) requirements of the Health Care Facilities Planning Act (the Act), N.J.S.A. 26:2H-1 to -26. Shortly after St. Peter...

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