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DEICKE CENTER v. HEALTH FACILITIES PLANNING BOARD

Nos. 1-08-0600, 1-08-1359.

906 N.E.2d 64 (2009)

DEICKE CENTER—Marklund Children's Home, Plaintiff-Appellee, v. ILLINOIS HEALTH FACILITIES PLANNING BOARD, Jeffrey Mark, in his capacity as Executive Secretary of the Illinois Health Facilities Planning Board, Susana G. Lopatka, in her capacity as Acting Chairperson of the Illinois Health Facilities Planning Board, Courtney R. Avery, John Penn, and Eugene Verdu, in their capacities as Members of the Illinois Health Facilities Planning Board, Defendants-Appellants. Bridgemark of West Frankfort II, LLC, Doing Business as Parkview Care Center, Plaintiff-Appellee, v. Illinois Health Facilities Planning Board, Jeffrey Mark, in his capacity as Executive Secretary of the Illinois Health Facilities Planning Board, Susana G. Lopatka, in her capacity as Acting Chairperson of the Illinois Health Facilities Planning Board, Courtney R. Avery, John Penn, and Eugene Verdu, in their capacities as Members of the Illinois Health Facilities Planning Board, Defendants-Appellants.

Appellate Court of Illinois, First District, First Division.

March 30, 2009.

Attorney(s) appearing for the Case

Lisa Madigan, Atty. Gen. of the State of Illinois, Michael A. Scodro, Solicitor General, Jan E. Hughes, Asst. Atty. Gen., Chicago, for Appellant.

Jason T. Lundy, Carina M. Segalini, Polsinelli Shalton Flanigan Suelthaus PC, Chicago, for Appellees.

Justice HALL delivered the opinion of the court:

In these consolidated appeals, we address whether an amendment to the Illinois Health Facilities Planning Act (20 ILCS 3960/1 et seq. (West 2006)) (the Act) was procedural in nature and therefore applied retroactively. In both cases the circuit court so found. We agree and affirm the circuit court in each case.

The facts in both cases are largely undisputed. In appeal No. 1-08-0600, Deicke Center was...

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