GLOBAL DIAGNOSTIC DEVELOPMENT, LLC v. DIAGNOSTIC IMAGING OF ATLANTA

Nos. A06A1728-A06A1731.

643 S.E.2d 338 (2007)

GLOBAL DIAGNOSTIC DEVELOPMENT, LLC v. DIAGNOSTIC IMAGING OF ATLANTA. Georgia Department of Community Health v. Diagnostic Imaging of Atlanta. Global Diagnostic Development, LLC v. Northside Hospital, Inc. Georgia Department of Community Health v. Northside Hospital, Inc.

Court of Appeals of Georgia.

March 8, 2007.


Attorney(s) appearing for the Case

Michael J. Bowers, T. Joshua R. Archer, Balch & Bingham LLP, Atlanta, for Global Diagnostic Development.

John W. Ray, Ray & Sherman, David H. Flint, Schreeder, Wheeler & Flint, Atlanta, for Diagnostic Imaging of Atlanta.

Thurbert E. Baker, Attorney General, Isaac Byrd, Deputy Attorney General, Sidney R. Barrett, Jr., Senior Assistant Attorney General, Kimberly W. Schroer, Assistant Attorney General, for Georgia Department of Community Health.

Leo E. Reichert, Thomas D. Watry, Parker, Hudson, Rainer & Dobbs, Atlanta, for Northside Hospital.


JOHNSON, Presiding Judge.

In 2001, North Atlanta Scan Associates, Inc., relocated its diagnostic imaging center from one Atlanta location to another. In 2003, the Georgia Department of Community Health issued a cease and desist order, directing North Atlanta to shut down its facility because it had failed to obtain the required certificate of need before relocating the imaging center.1 Thereafter, Global Diagnostic Development, LLC, applied...

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