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SURGERY CENTER, LLC v. HSI, LLC

No. A08A1033.

668 S.E.2d 326 (2008)

The SURGERY CENTER, LLC v. HUGHSTON SURGICAL INSTITUTE, LLC.

Court of Appeals of Georgia.

October 8, 2008.

Attorney(s) appearing for the Case

Jason E. Bring, Arnall, golden & Gregory, Atlanta, Joseph L. Waldrep, Waldrep, Mullin & Callahan, Columbus, for Appellant.

James E. Butler, Jr., Joel O. Wooten, Jr., Butler, Wooten & Fryhofer, Columbus, Victor L. Moldovan, Mark H. Cohen, Phears & Moldovan, Atlanta, for Appellee.

ANDREWS, Judge.

Hughston Surgical Institute, LLC ("HSI") applied to the Department of Community Health ("the Department") for a certificate of need to develop an orthopedic ambulatory surgery center in Columbus. The Department, including its hearing officer and the State Health Planning Review Board, denied HSI's application. HSI then appealed the Review Board's decision to the superior court, which held that the Department had abused its discretion in denying HSI...

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