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STATE HEALTH PLANNING v. W. WALKER HOSPICE, INC.

2060700.

993 So.2d 25 (2008)

STATE HEALTH PLANNING AND DEVELOPMENT AGENCY and Certificate of Need Review Board of the State Health Planning and Development Agency, v. WEST WALKER HOSPICE, INC.

Court of Civil Appeals of Alabama.

May 9, 2008.

Attorney(s) appearing for the Case

Mark D. Wilkerson and Dana H. Billingsley of Wilkerson & Bryan, P.C., Montgomery, for appellants.

Garve Ivey, Jr., of Ivey & Ragsdale, Jasper; and Barry A. Ragsdale of Ivey & Ragsdale, Birmingham, for appellee.

PITTMAN, Judge.

The State Health Planning and Development Agency ("SHPDA") and SHPDA's Certificate of Need Review Board ("CONRB") appeal from a judgment of the Walker Circuit Court that reversed the CONRB's denial of an application for a certificate of need ("CON") submitted by West Walker Hospice, Inc. ("WWH")

On July 30, 2004, WWH filed an application with SHPDA requesting a CON to operate a 50-bed, inpatient hospice facility in Carbon Hill. Although it...

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