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GGNSC CLARION LP v. KANE

No. 165 M.D. 2015

131 A.3d 1062 (2016)

GGNSC CLARION LP d/b/a "Golden Living Center—Clarion", GGNSC Warren Kinzua Valley LP d/b/a "Golden Living Center—Kinzua", GGNSC Wilkes-Barre II LP d/b/a "Golden Living Center—Summit", HarmarVillage Care Center LLC d/b/a HarmarVillage Care Center, Providence Care Center LLC d/b/a Providence Care Center, Mulberry Square Elder Care & Rehabilitation, LLC, Guardian Elder Care at Carlisle, LLC, Guardian Elder Care at Mountain Top I, LLC & Rehabilitation Center, Guardian Elder Care at Nanticoke LLC, Jefferson Hills Manor LLC, Brookline at Mifflintown, Inc., Reliant Audubon Holdings LLC, Reliant Evergreen Holdings LLC, Reliant Palmyra Holdings LLC, Reliant Silver Oaks Holdings LLC, Reliant Kade Holdings LLC, Reliant Coventry Holdings LLC, Reliant Overlook Holdings LLC, Reliant Briarcliff Holdings LLC, Pennsylvania Health Care Association, Petitioners v. Kathleen G. KANE, in her Official Capacity as Attorney General of the Commonwealth of Pennsylvania, and Cohen Milstein Sellers & Toll PLLC, Respondents.

Commonwealth Court of Pennsylvania.

Decided January 11, 2016.

Attorney(s) appearing for the Case

Walter W. Cohen , Harrisburg, for petitioners Providence Care Center and Harmar Village Care Center.

Thomas H. Lee, II , Philadelphia, for petitioners Golden Living Center-Clarion, GGNSC Clarion LP, GGNSC Warren Kinzua Valley, LP, Golden Living Center-Kinzua, GGNSC Wilkes-Barre II, LP and Golden Living Center-Summit.

Kevin J. McKeon , Harrisburg, for petitioner Pennsylvania Health Care Association.

John F. Stoviak , Philadelphia, for petitioners Brookline at Mifflintown, Inc., Guardian Elder Care at Carlisle, Mountain Top I and Nanticoke, Jefferson Hills Manor LLC and Mulberry Square Elder Care & Rehabilitation, LLC.

Kenneth L. Joel , Chief Deputy Attorney General, Harrisburg, for respondent Kathleen G. Kane.

Victoria S. Nugent , Washington, DC, for respondent Cohen Milstein Sellers & Toll PLLC.

BEFORE: DAN PELLEGRINI, President Judge, and BERNARD L. McGINLEY, Judge, and BONNIE BRIGANCE LEADBETTER, Judge, and ROBERT SIMPSON, Judge, and P. KEVIN BROBSON, Judge, and PATRICIA A. McCULLOUGH, Judge, and ANNE E. COVEY, Judge.

Before the Court are the preliminary objections and motion to dismiss of Kathleen G. Kane, in her Official Capacity as Attorney General of the Commonwealth of Pennsylvania (collectively, OAG) and Cohen Milstein Sellers & Toll PLLC (Cohen Milstein) to the amended petition for review seeking declaratory relief...

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