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HOMETOWN HOME v. STATE HEALTH PLANNING

Nos. 2131022, 2131050.

190 So.3d 44 (2015)

HOMETOWN HOME HEALTH CARE OF SHELBY COUNTY, LLC. v. STATE HEALTH PLANNING AND DEVELOPMENT AGENCY and Partners Healthcare Group, LLC. Gentiva Health Services, Inc. v. State Health Planning and Development Agency and Partners Healthcare Group, LLC.

Court of Civil Appeals of Alabama.

July 31, 2015.

Attorney(s) appearing for the Case

James E. Williams and J. Flynn Mozingo of Melton, Espy & Williams, PC, Montgomery, and Matthew C. McDonald of Jones Walker, LLP, Mobile, for Hometown Health Care of Shelby County, LLC., David E. Belser and Autumn A. Caudell of Law Office of David E. Belser, LLC, Montgomery, for Gentiva Health Services, Inc., for appellants.

Mark D. Wilkerson and Dana H. Billingsley of Wilkerson & Bryan, P.C., Montgomery, for State Health Planning and Development Agency, Michael F. Braun , Montgomery, for Partners Healthcare Group, LLC, for appellees.

In appeal number 2131022, Hometown Home Health Care of Shelby County, LLC ("Hometown Shelby"), appeals from a decision of the Certificate of Need Review Board ("the CONRB") of the State Health Planning and Development Agency ("SHPDA") insofar as it (1) denied Hometown Shelby's application for a certificate of need ("CON") authorizing...

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