EX PARTE HEALTHSOUTH OF ALABAMA, LLC

1141042 and 1141043.

207 So.3d 39 (2016)

Ex parte HEALTHSOUTH OF ALABAMA, LLC. (In re Healthsouth of Alabama, LLC v. SHELBY RIDGE ACQUISITION CORPORATION d/b/a Shelby Ridge Rehabilitation Hospital). Ex parte Alabama State Health Planning and Development Agency. (In re Alabama State Health Planning and Development Agency v. Shelby Ridge Acquisition Corporation d/b/a Shelby Ridge Rehabilitation Hospital).

Supreme Court of Alabama.

April 1, 2016.


Attorney(s) appearing for the Case

Marc James Ayers and Jennifer H. Clark of Bradley Arant Boult Cummings LLP, Birmingham; and Colin H. Luke and Kristen A. Larremore of Waller Lansden Dortch & Davis LLP, Birmingham, for petitioner HealthSouth of Alabama, LLC.

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

Matthew McDonald of Jones Walker, LLP, Mobile; Lorre J. Skelton , Birmingham; Thomas G. Mancuso , Montgomery; Robert C. Lockwood of Wilmer & Lee, P.A., Athens, for respondent Shelby Ridge Acquisition Corporation d/b/a Shelby Ridge Rehabilitation Hospital.

Frank C. Ellis of Ellis, Head, Owens & Justice, Columbiana, for amici curiae Shelby County Commission and Shelby County Manager Alex Dudchock in support of the petitioners.


The Alabama State Health Planning and Development Agency ("SHPDA") granted HealthSouth of Alabama, LLC ("HealthSouth"), a certificate of need ("CON") allowing HealthSouth to operate 17 inpatient physical-rehabilitation beds in Shelby County. In a separate proceeding, SHPDA granted another CON to HealthSouth allowing it to operate...

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