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PALMYRA PARK HOSP. v. PHOEBE SUMTER MEDICAL

Nos. A11A0730, A11A0731, A11A0732, A11A0733.

714 S.E.2d 71 (2011)

310 Ga. App. 487

PALMYRA PARK HOSPITAL, INC. v. PHOEBE SUMTER MEDICAL CENTER. Georgia Department of Community Health v. Phoebe Sumter Medical Center. Palmyra Park Hospital, Inc. v. Phoebe Putney Memorial Hospital. Georgia Department of Community Health v. Phoebe Putney Memorial Hospital.

Court of Appeals of Georgia.

July 5, 2011.

Attorney(s) appearing for the Case

Nelson Mullins, Riley & Scarborough, Stanley S. Jones, Jr. , Keri F. Conley , Atlanta, Thurbert E. Baker , Atty. Gen., Isaac Byrd , Deputy Atty. Gen., Sidney R. Barrett , Sr. Asst. Atty. Gen., E. Tandy Menk , Alex F. Sponseller , Asst. Attys. Gen., for appellants.

Gatewood, Skipper & Rambo, James M. Skipper, Jr. , Parker, Hudson Rainer & Dobbs, John H. Parker, Jr. , David L. Fenstermacher , June G. Veazey , Thomas D. Watry , Joshua B. Belinfante , for appellees.

Robert C. Threlkeld , amicus curiae.

BARNES, Presiding Judge.

We have consolidated for review these cases appealing two superior courts' decisions to reverse the grant of a hospital certificate of need (CON) issued by the Georgia Department of Community Health (DCH). The primary issue on appeal is whether DCH properly applied the applicable statutes and rules when it granted Palmyra Park Hospital's application for a CON to provide basic perinatal services. A 2008 amendment to the CON statute, OCGA &...

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