YORK HOSP. v. DEPT. OF HEALTH & HUMAN SVCS.

Docket: Ken-07-597, Ken-07-598.

959 A.2d 67 (2008)

2008 ME 165

YORK HOSPITAL et al. v. DEPARTMENT OF HEALTH AND HUMAN SERVICES et al.

Supreme Judicial Court of Maine.

Decided: November 4, 2008.


Attorney(s) appearing for the Case

Joseph M. Kozak, Esq., Julius Ciembroniewicz, Esq., Michael D. Seitzinger, Esq. (orally), Kozak & Gayer, P.A., Augusta, ME, for York Hospital and Wentworth-Douglass Hospital.

G. Steven Rowe, Atty. Gen., Janine Raquet, Asst. Atty. Gen. (orally), Bangor, ME, for Maine Department of Health and Human Services.

John P. Doyle, Jr., Esq., Charles F. Dingman, Esq. (orally), Jonathan G. Mermin, Esq., Bethany K. Beausang, Esq., Preti, Flaherty, Beliveau & Pachios, LLP, Portland, ME, for Southern Maine Medical Center and Maine Medical Center.

Panel: SAUFLEY, C.J., and CLIFFORD, ALEXANDER, MEAD, and GORMAN, JJ.


MEAD, J.

[¶ 1] York Hospital and Wentworth-Douglass Hospital, collectively the Collaborative, appeal from two judgments of the Superior Court (Kennebec County, Marden, J.), affirming three decisions of the Commissioner of the Department of Human Services (the Department).1 These consolidated appeals focus upon the Commissioner's issuance of a certificate of need (CON) for the development of a cancer treatment facility in southern...

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