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ST. DOMINIC-JACKSON v. DEPT. OF HEALTH

No. 2011-SA-00007-SCT.

87 So.3d 1040 (2012)

ST. DOMINIC-JACKSON MEMORIAL HOSPITAL v. MISSISSIPPI STATE DEPARTMENT OF HEALTH and Madison HMA d/b/a Madison River Oaks Hospital.

Supreme Court of Mississippi.

April 26, 2012.

Attorney(s) appearing for the Case

Jonathan Robert Werne , Edmund L. Brunini, Jr. , Robert Richard Cirilli, Jr. , attorneys for appellant.

Thomas L. Kirkland, Jr. , Allison Carter Simpson , Andy Lowry , Robert Emmett Fagan, Jr. , Bea Tolsdorf , Chad Warner Blalack , attorneys for appellees.

Before WALLER, C.J., KITCHENS and KING, JJ.

KING, Justice, for the Court:

¶ 1. This Court is asked to decide whether the Mississippi Department of Health (Department) erred by denying the certificate-of-need (CON) application of St. Dominic-Jackson Memorial Hospital (St. Dominic). In its CON application, St. Dominic sought to relocate seventy-one general acute-care beds from its Jackson location to a new facility it planned to build in Madison County. The Department found that St. Dominic's proposed project...

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