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ST. LUKE HOSPITALS, INC. v. COM.

No. 2004-CA-000692-MR.

186 S.W.3d 746 (2006)

ST. LUKE HOSPITALS, INC., Appellant, v. COMMONWEALTH of Kentucky, Cabinet for Health and Family Services; and St. Elizabeth Medical Center, Inc., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied August 25, 2005.

Discretionary Review Denied by Supreme Court April 12, 2006.

Attorney(s) appearing for the Case

Lisa English Hinkle, Holly J. Turner, Lexington, KY, for Appellant.

Anne Dooling Clarke, Frankfort, KY, for Appellee, Commonwealth of Kentucky, Cabinet for Health and Family Services.

Ann Truitt Hunsaker, Frankfort, KY, for Appellee, Cabinet for Health and Family Services.

Richard G. Meyer, Mathew R. Klein, Jr., Crestview Hills, KY, for Appellee, St. Elizabeth Medical Center, Inc.

Before BARBER, BUCKINGHAM, and JOHNSON, Judges.

OPINION

BUCKINGHAM, Judge.

St. Luke Hospitals, Inc., appeals from a final order of the Franklin Circuit Court affirming the Cabinet for Health and Family Services' denial of St. Luke's Certificate of Need (CON) application. St. Luke argues that the circuit court's decision is arbitrary and capricious because it is incorrect as a matter of law. Specifically, St. Luke contends that the circuit court erred by affirming the Cabinet's decision even though...

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