MERCY CRYSTAL v. ILLINOIS HEALTH FACILITIES

Nos. 3-13-0947, 3-13-0960.

59 N.E.3d 27 (2016)

2016 IL App (3d) 130947

MERCY CRYSTAL LAKE HOSPITAL AND MEDICAL CENTER; Mercy Harvard Hospital, Inc.; and Mercy Alliance, Inc., Plaintiffs, v. ILLINOIS HEALTH FACILITIES AND SERVICE REVIEW BOARD; Dale Glassie, in his Official Capacity as Chairman of the Illinois Health Facilities and Services Review Board; The Department of Public Health; Lamar Hasbrouck, in his Official Capacity as Acting Director; Centegra Health System; Centegra Hospital-Huntley, Defendants-Appellees (Advocate Health and Hospitals Corporation, d/b/a Advocate Good Shepherd Hospital; Sherman Hospital; and Sherman Health System, Defendants and Counterplaintiffs-Appellants). Mercy Crystal Lake Hospital and Medical Center, Mercy Harvard Hospital, Inc. and Mercy Alliance, Inc., Plaintiffs-Appellants, v. Illinois Health Facilities and Services Review Board, Dale Glassie, in his Official Capacity as Chairman of the Illinois Health Facilities and Services Review Board; The Department of Public Health; Lamar Hasbrouck, in his Official Capacity as Acting Director of The Department of Public Health; Centegra Health System; Centegra Hospital-Huntley, Defendants-Appellees (Advocate Health and Hospitals Corporation, d/b/a/ Advocate Good Shepherd Hospital; Sherman Hospital; and Sherman Health System, Defendants-Appellants).

Appellate Court of Illinois, Third District.

April 22, 2016.


Attorney(s) appearing for the Case

Steven H. Hoeft (argued) and Megan E. Thibert-Ind , both of McDermott, Will & Emery, LLP, Chicago, and Pamela Davis Gorcowski , of Kavanagh Grumley & Gorbold LLC, Joliet, for appellants Mercy Alliance, Inc., Mercy Crystal Lake Hospital and Medical Center, and Mercy Harvard Hospital, Inc.

Hal R. Morris (argued), Joe Ourth , Elizabeth A. Thompson , and Jenifer H. Caracciolo , all of Arnstein & Lehr LLP, Chicago, for appellants Advocate Health and Hospitals Corporation, Sherman Health Systems, and Sherman Hospital.

Daniel Lawler (argued) and Daniel P. Albers , both of Barnes & Thornburg LLP, Chicago, for appellees Centegra Health System and Centegra Hospital-Huntley.

Lisa Madigan , Attorney General, Chicago ( Linda Boachie-Ansah (argued), Assistant Attorney General, of counsel), for other appellees.


OPINION

¶ 1 Centegra Hospital-Huntley and Centegra Health Systems (collectively "Centegra"), seeking to construct an acute care hospital in Huntley, Illinois, applied for a "certificate of need" permit from the Illinois Health Facilities and Services Review Board...

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