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DEPT. OF CMTY. HEALTH v. NORTHSIDE HOSP., INC.

Nos. A13A0936, A13A0937.

750 S.E.2d 401 (2013)

GEORGIA DEPARTMENT OF COMMUNITY HEALTH v. NORTHSIDE HOSPITAL, INC.; Kennestone Hospital, Inc. v. Northside Hospital, Inc.

Court of Appeals of Georgia.

October 25, 2013.

Attorney(s) appearing for the Case

Samuel S. Olens , Alex Fredrick Sponseller , for Appellant.

Kathlynn Butler PoMno , Robert Michael Rozier , Atlanta, for Appellee.

MILLER, Judge.

This case arises from the Department of Community Health's (the "Department") initial approval of the application of Kennestone Hospital, Inc. ("Kennestone") for a certificate of need ("CON") to develop an ambulatory surgery center ("ASC") in Cobb County based on the Department's determination that the ASC would be part of a hospital and, therefore, subject to less-stringent criteria to qualify for a CON. The Department determined that the ASC was part...

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