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DAVITA, INC. v. WASH. STATE DOH.

No. 34249-9-II.

151 P.3d 1095 (2007)

DAVITA, INC., Appellant, v. WASHINGTON STATE DEPARTMENT OF HEALTH, Respondent, and Olympic Peninsula Kidney Center, Intervenor-Respondent.

Court of Appeals of Washington, Division 2.

February 6, 2007.

Attorney(s) appearing for the Case

James Michael Beaulaurier, Seattle, WA, Kathleen Dell Benedict, Benedict Garratt Pond PLLC, Olympia, WA, for Appellant.

Melissa Ann Burke-cain, Atty. General's Office, Olympia, WA, for Respondent.

Douglas C. Ross, Lisa Rediger Hayward, Seattle, WA, for Intervenor-Respondent.

PART PUBLISHED OPINION

BRIDGEWATER, P.J.

¶ 1 DaVita, Inc., a large independent dialysis service provider, appeals a superior court decision denying its petition for review of the Department of Health's decision not to issue a Certificate of Need (CON) for DaVita to open a dialysis center in Poulsbo. We hold that although the Department of Health's CON Program (Program), the unit that initially evaluates CONs, initially awarded the CON to DaVita, the...

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