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MARLBORO PARK HOSP. v. DEPT. OF HEALTH

No. 3774.

358 S.C. 573 (2004)

595 S.E.2d 851

MARLBORO PARK HOSPITAL and Chesterfield General Hospital, Appellants, v. SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL and Doctor's Outpatient Surgical Clinic, LLC, Respondents.

Court of Appeals of South Carolina.

Decided March 30, 2004.

Rehearing Denied May 19, 2004.

Attorney(s) appearing for the Case

David B. Summer, Jr. and Faye A. Flowers, both of Columbia, for Appellants.

E. Katherine Wells, of Columbia; Michael A. Molony and Stephen L. Brown, both of Charleston; and Douglas Jennings, Jr., of Bennettsville, for Respondents.

KITTREDGE, J.:

Marlboro Park Hospital and Chesterfield General Hospital (Hospitals) appeal the circuit court's decision affirming the South Carolina Department of Health and Environmental Control Board's (the DHEC Board) grant of a certificate of need to Doctor's Outpatient Surgical Clinic (DOSC), which reversed the decision of a South Carolina Administrative Law Judge (ALJ) denying the certificate. On appeal, the Hospitals...

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