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CLC OF BILOXI v. DEPT. OF HEALTH

No. 2011-SA-00088-SCT.

91 So.3d 633 (2012)

CLC OF BILOXI, LLC d/b/a Biloxi Community Living Center, Boyington Health Care Facility, Dixie White House Nursing Home, CLC of Pascagoula, LLC d/b/a Plaza Community Living Center, Ocean Springs Nursing Home, Singing River Rehabilitation & Nursing Center and CLC of Ocean Springs, LLC d/b/a Sunplex Subacute Center v. MISSISSIPPI DEPARTMENT OF HEALTH and Harrison County Properties, LLC d/b/a Gulfport Care Center.

Supreme Court of Mississippi.

June 28, 2012.

Attorney(s) appearing for the Case

Crane D. Kipp , Jackson, Jennifer E. Salvo , attorneys for appellants.

Office of the Attorney General by Beatryce McCrosky Tolsdorf , Barry K. Cockrell , Robert Emmett Fagan, Jr. , Dennis Leon Sharp , attorneys for appellees.

Before CARLSON, P.J., PIERCE and KING, JJ.

PIERCE, Justice, for the Court:

¶ 1. Miramar Lodge Nursing Home (Miramar), a 180-bed nursing facility, was destroyed by Hurricane Katrina on August 29, 2005. Miramar at the time was located in Pass Christian, Harrison County, Mississippi. On January 5, 2010, Harrison County Properties, LLC, d/b/a Gulfport Care Center (GCC,) filed a certificate of need (CON) application with the Mississippi Department of Health (DOH). GCC requested the CON for the construction...

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