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IN RE MSI REGENCY VILLAGE, LTD.

No. 08AP-64.

2008 Ohio 3830

In the Matter of: MSI Regency Village, Ltd., d.b.a. Regency Village, (Appellant).

Court of Appeals of Ohio, Tenth District, Franklin County.

Rendered on July 31, 2008.

Attorney(s) appearing for the Case

Simon Groner, for appellant.

Nancy H. Rogers, Attorney General, Dominic J. Chieffo and Melinda Snyder Osgood, for appellee Ohio Department of Health.

DECISION

TYACK, J.

{¶1} Appellant, MSI Regency Village, Ltd., d.b.a. Regency Village ("MSI"), appeals from the decision of the director of the Ohio Department of Health ("ODH") withdrawing a certificate of need ("CON"), imposing a fine, and placing a three-year moratorium on appellant applying for a new CON. The issues on appeal center on questions of statutory interpretation, specifically if ODH had the authority to review certain activities...

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