AFFINITY HOSP., LLC v. ST. VINCENT'S HEALTH SYS.

2111014, 2111015, 2111062 and 2111063.

129 So.3d 1022 (2012)

AFFINITY HOSPITAL, LLC, d/b/a Trinity Medical Center of Birmingham v. ST. VINCENT'S HEALTH SYSTEM. Affinity Hospital, LLC, d/b/a Trinity Medical Center of Birmingham v. Brookwood Health Services, Inc., d/b/a Brookwood Medical Center. State Health Planning and Development Agency v. St. Vincent's Health System. State Health Planning and Development Agency v. Brookwood Health Services, Inc., d/b/a Brookwood Medical Center.

Court of Civil Appeals of Alabama.

Rehearing Applications Denied, January 11, 2013.


Attorney(s) appearing for the Case

David R. Boyd and Ed R. Haden of Balch and Bingham LLP, Birmingham; Carey B. McRae , Jennifer H. Clark , and Colin H. Luke of Bradley Arant Boult Cummings LLP, Birmingham; and Jlobert D. Segall of Copeland, Franco, Screws & Gill, P.A., Montgomery for appellant Affinity Hospital, LLC, d/b/a Trinity Medical Center of Birmingham.

Mark D. Wilkerson and Dana H. Billingsley of Wilkerson & Bryan, P.C., Montgomery, for appellant State Health Planning and Development Agency.

David M. Hunt and Joseph W. Carlisle of Gilpin Givhan, P.C., Birmingham, for appellee St. Vincent's Health System.

James E. Williams , C. Mark Bain , and J. Flynn Mozingo of Melton, Espy & Williams, P.C., Montgomery, for Brookwood Health Services, Inc., d/b/a Brookwood Medical Center.

Michael L. Jackson and Oscar M. Price III of Wallace, Jordan, Ratcliff & Brandt, L.L.C., Birmingham, for amicus curiae Business Council of Alabama, in support of the appellant Affinity Hospital, LLC, d/b/a Trinity Medical Center of Birmingham.

William R. Justice of Wallace, Ellis, Fowler, Head & Justice, Columbiana, for the Shelby County Economic & Industrial Development Authority; and Raymond P. Fitzpatrick, Jr. , Birmingham, for Greystone Residential Association, amici curiae Greystone Residential Association and the Shelby County Economic & Industrial Development Authority, in support of the appellants.


BRYAN, Judge.

These appeals concern whether the Montgomery Circuit Court erred in reversing a State agency's decision to allow Affinity Hospital, LLC, d/b/a Trinity Medical Center of Birmingham ("Trinity"), to relocate its hospital. For the reasons explained below, we conclude that the circuit court erred, and we reverse its judgment.

Procedural History and Factual Background

Trinity owns and operates...

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