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YORK HOSP. v. DEPARTMENT OF HUMAN SERVICES

869 A.2d 729 (2005)

2005 ME 41

YORK HOSPITAL et al. v. DEPARTMENT OF HUMAN SERVICES et al.

Supreme Judicial Court of Maine.

Decided: March 21, 2005.

Attorney(s) appearing for the Case

Joseph M. Kozak, Esq. (orally), Michael D. Seitzinger, Esq., Julius Ciembroniewicz, Esq., Kozak & Gayer, P.A., Augusta, for plaintiffs.

G. Steven Rowe, Attorney General, Janine Keck Massey, Asst. Atty. Gen. (orally), Augusta, John P. Doyle Jr., Esq. (orally), Charles F. Dingman, Esq., Preti Flaherty Beliveau Pachios & Haley, LLC, Portland, (for SMMC/MMC), for defendants.

Panel: SAUFLEY, C.J., and CLIFFORD, RUDMAN, DANA, ALEXANDER, and CALKINS, JJ.

SAUFLEY, C.J.

[¶ 1] York Hospital and Wentworth-Douglass Hospital appeal from an order of the Superior Court (Kennebec County, Marden, J.) affirming the decision of the Commissioner of the Department of Human Services1 granting a Certificate of Need (CON) for a radiation therapy facility to Maine Medical Center and Southern Maine Medical Center (MMC/SMMC)2 and denying a CON to the three-hospital...

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