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APPEAL OF PARKLAND MEDICAL CENTER

No. 2007-800.

960 A.2d 352 (2008)

APPEAL OF PARKLAND MEDICAL CENTER, Derry Medical Center and Catholic Medical Center (New Hampshire Health Services Planning and Review Board).

Supreme Court of New Hampshire.

Opinion Issued: November 7, 2008.

Attorney(s) appearing for the Case

Orr & Reno, P.A., of Concord (John A. Malmberg and Jessica E. Storey on the brief, and Mr. Malmberg orally), for the petitioners.

Shaheen & Gordon, P.A., of Concord (Steven M. Gordon and Arpiar G. Saunders, Jr. on the brief, and Mr. Gordon orally), for the respondent.

DUGGAN, J.

The petitioners, Parkland Medical Center, Derry Medical Center and Catholic Medical Center, appeal the decision of the New Hampshire Health Services Planning and Review Board (board) that the Elliot Health System (Elliot) is not required to obtain certificate of need (CON) review for the Elliot Medical Center at Londonderry project. See RSA ch. 151-C (2005 & Supp.2008). We affirm.

The record reveals the following. In 2005, Elliot began...

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