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DEPT. OF CMTY. HEALTH v. NORTHSIDE HOSP.

Nos. S14G0341, S14G0346.

761 S.E.2d 74 (2014)

295 Ga. 446

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

Supreme Court of Georgia.

June 30, 2014.

Attorney(s) appearing for the Case

Isaac Byrd , Dep. Atty. Gen., Daniel Stephen Walsh , Senior Asst. Atty. Gen., Samuel S. Olens , Atty. Gen., Brittany Nicole Jones , Asst. Atty. Gen., LaRonica K. Lightfoot , Asst. Atty. Gen., Department of Law, Atlanta, for appellant.

Kathlynn Butler Polvino , Robert Michael Rozier , George Darden , Mckenna Long & Aldridge, LLP, Atlanta, for appellee.

Armando Luis Basarrate, II , Ashley Filip Hoffman , Parker Hudson Rainer & Dobbs, for Other Party.

MELTON, Justice.

These consolidated appeals arise from the Georgia Department of Community Health's ("DCH's") granting of an application for a Certificate of Need ("CON") to develop an outpatient ambulatory surgery service in East Cobb County to Kennestone Hospital, Inc. ("Kennestone").1 Kennestone's application was eventually approved by the DCH after the service was determined to be "part of a hospital" pursuant to Ga. Comp. R. &...

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