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QUEEN CITY NURSING CENTER, INC. v. DOH.

No. 2010-CC-01077-SCT.

80 So.3d 73 (2011)

QUEEN CITY NURSING CENTER, INC., Community Living Centers, LLC d/b/a Meridian Community Living Center, and Beverly Enterprises-Mississippi, Inc. d/b/a Golden Living Center-Meridian v. MISSISSIPPI STATE DEPARTMENT OF HEALTH and Meadowbrook Health and Rehab, LLC.

Supreme Court of Mississippi.

Rehearing Denied March 1, 2012.

Attorney(s) appearing for the Case

Thomas L. Kirkland, Jr. , Allison C. Simpson , Andy Lowry , Ridgeland, attorneys for appellants.

Betty Toon Collins , Douglas E. Levanway , Elizabeth G. Hooper , Jackson, Bea M. Tolsdorf , attorneys for appellees.

Before DICKINSON, P.J., LAMAR and KITCHENS, JJ.

LAMAR, Justice for the Court:

¶ 1. Meadowbrook Health and Rehab, LLC, filed an application for a certificate of need ("CON") with the Mississippi Department of Health ("DOH") to build a nursing home in Lauderdale County. The DOH staff recommended that the application be approved. Several surrounding nursing homes contested the application and requested a hearing. After three days of testimony, the hearing officer recommended that the application be denied. But...

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