MISS. DEPT. OF HEALTH v. MID-SOUTH

No. 2008-SA-00223-COA.

25 So.3d 358 (2009)

MISSISSIPPI STATE DEPARTMENT OF HEALTH and City of Cleveland, Appellants, v. MID-SOUTH ASSOCIATES, LLC, Appellee.

Court of Appeals of Mississippi.

Rehearing Denied September 29, 2009.

Certiorari Denied January 21, 2010.


Attorney(s) appearing for the Case

Donald E. Eicher, Flowood, Sondra McLemore, Thomas L. Kirkland, Andy Lowry, Allison Carter Simpson, Ridgeland, Jamie F. Jacks, Cleveland, attorneys for appellants.

John L. Maxey, William Holcomb Hussey, Jackson, Malenda Meacham, Hernando, attorneys for appellee.

Before LEE, P.J., GRIFFIS and BARNES, JJ.


LEE, P.J., for the Court.

PROCEDURAL HISTORY

¶ 1. In December 2006, Mid-South Associates, LLC (Mid-South) filed a certificate of need (CON) with the Mississippi State Department of Health (MSDH) seeking to relocate seventy-five nursing home beds from Bolivar Health and Rehabilitation Center (BHRC) in Bolivar County to DeSoto County. MSDH staff recommended that the application be denied, finding that the project failed to substantially comply with the...

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