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PROVENA HEALTH v. ILL. HEALTH FACILITIES

No. 1-07-1952.

886 N.E.2d 1054 (2008)

PROVENA HEALTH and Provena Hospitals, Plaintiffs-Appellants, v. ILLINOIS HEALTH FACILITIES PLANNING BOARD, Illinois Department of Public Health, Sherman Hospital, Sherman Health Systems, and Reeven J. Elfman, Defendants-Appellees.

Appellate Court of Illinois, First District, First Division.

March 31, 2008.

Attorney(s) appearing for the Case

Jeffrey R. Ladd, James W. Collins, and Lawrence M. Gavin, Bell, Boyd & Lloyd LLP, Chicago, for Plaintiffs-appellants Provena Health and Provena Hospitals.

Richard T. Greenberg, Kara M. Friedman, Jeffrey C. Clark and Kelly A. Morgan, McGuire Woods LLP, Chicago, for Defendants-Appellees, Sherman Hospital, Sherman Health Systems and Reeven J. Elfman.

Lisa Madigan, Attorney General for the State of Illinois, Michael A. Scodro, Solicitor General and Evan Siegel, Assistant Attorney General, Chicago, for Defendants-Appellees, Illinois Health Facilities Planning Board and Illinois Department of Public Health.

Justice WOLFSON delivered the opinion of the court:

The Illinois Health Facilities Planning Board (Board) approved a certificate of need (CON) permit for Sherman Hospital and Sherman Health Systems (Sherman) to discontinue its old hospital facility in east Elgin, Illinois, and construct a new facility in west Elgin. Provena Health and Provena Hospitals (Provena) operate the only other hospital in the planning area, located in west Elgin. Provena filed a complaint...

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