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BROADMEADOW INV. v. HEALTH RESOURCES BD.

No. 175, 2012.

56 A.3d 1057 (2012)

BROADMEADOW INVESTMENT, LLC, Appellant Below, Appellant, v. DELAWARE HEALTH RESOURCES BOARD and HealthSouth Middletown Rehabilitation Hospital, LLC, Appellees Below, Appellees.

Supreme Court of Delaware.

Decided: December 12, 2012.

Attorney(s) appearing for the Case

David L. Finger, Esquire (argued), Finger & Slanina, LLC, Wilmington, Delaware and Richard P. Beck, Esquire , Morris James LLP, Wilmington, Delaware, for appellant.

Thomas J. Allingham, II, Esquire (argued), Jennifer C. Voss, Esquire and Stephen D. Dargitz, Esquire , Skadden, Arps, Slate, Meagher & Flom, LLP, Wilmington, Delaware, Jennifer Gimler Brady, Esquire and John A. Sensing, Esquire , Potter, Anderson & Corroon, LLP, Wilmington, Delaware, for HealthSouth Middletown Rehabilitation Hospital, LLC.

Patricia Davis Oliva, Esquire (argued), Department of Justice, Dover, Delaware, for Delaware Health Resources Board.

Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and RIDGELY, Justices, constituting the Court en Banc.

HOLLAND, Justice:

The appellant, Broadmeadow Investment, LLC ("Broadmeadow"), appeals from a final judgment of the Superior Court that dismissed its appeal from the decision by the Delaware Health Resources Board (the "Board") to grant HealthSouth Middletown Rehabilitation Hospital, LLC ("HealthSouth") a Certificate of Public Review ("CPR"). The Superior Court held that Broadmeadow lacked standing to appeal under 16 Del....

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