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MAT-SU VALLEY MED. v. ADVANCED PAIN CENTERS

No. S-13062.

218 P.3d 698 (2009)

MAT-SU VALLEY MEDICAL CENTER, LLC, an Alaska limited liability company, d/b/a Mat-Su Regional Medical Center, Appellant, v. ADVANCED PAIN CENTERS OF ALASKA, INC., an Alaskan corporation, d/b/a Advanced Medical Centers of Alaska; State Of Alaska, Department of Health and Social Services, and Karleen Jackson, in her capacity as Commissioner of the Department of Health and Social Services, State of Alaska, Appellees.

Supreme Court of Alaska.

November 6, 2009.

Attorney(s) appearing for the Case

John F. Sullivan, Inslee, Best, Doezie & Ryder, P.S., Bellevue, Washington, for Appellant.

Stanley T. Lewis, Birch, Horton, Bittner and Cherot, and Linda A. Webb, Hagans, Ahearn & Webb, Anchorage, for Advanced Pain Centers of Alaska, Inc.

Kelly E. Henriksen, Assistant Attorney General, and Talis J. Colberg, Attorney General, Juneau, for State of Alaska, Department of Health and Social Services and Karleen Jackson.

Before: FABE, Chief Justice, EASTAUGH, CARPENETI, WINFREE, and CHRISTEN, Justices.

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

After the Alaska Department of Health and Social Services decided no certificate of need (CON) was required for a health care facility proposed by Advanced Pain Centers of Alaska, Inc., Mat-Su Valley Medical Center sued Advanced Pain, the department, and its commissioner. Mat-Su's lawsuit sought to enjoin construction and operation of the facility and also sought a judgment declaring that the state...

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