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SPARTANBURG REGIONAL MED. v. ONCOLOGY

No. 26785.

387 S.C. 79 (2010)

690 S.E.2d 783

SPARTANBURG REGIONAL MEDICAL CENTER, Appellant/Respondent, v. ONCOLOGY AND HEMATOLOGY ASSOCIATES OF SOUTH CAROLINA, LLC, d/b/a Cancer Centers of the Carolinas, Respondent/Appellant, and South Carolina Department of Health and Environmental Control, Respondent. and Oncology Hematology Associates of South Carolina, LLC, d/b/a Cancer Centers of the Carolinas, Respondent/Appellant, v. South Carolina Department of Health and Environmental Control, Respondent, and Spartanburg Regional Medical Center, Appellant/Respondent.

Supreme Court of South Carolina.

Decided March 15, 2010.

Attorney(s) appearing for the Case

James G. Long, III, Esquire, and Manton M. Grier, Jr., both of Nexsen Pruet, LLC, of Columbia, for Appellant-Respondent.

Carlisle Roberts, Jr., Nancy S. Layman, and Ashley C. Biggers, all of Columbia, for Respondent.

Lewis Smoak, of Ogletree Deakins Nash Smoak & Stewart, of Greenville, and Raymon E. Lark, Jr., of Austin & Rogers, of Columbia, for Respondent-Appellant.

Justice WALLER:

This is a cross-appeal from the circuit court's order which affirmed in result the decisions of the DHEC Board and the administrative law court (ALC) which awarded two Certificates of Need (CON) for the development of two additional radiation oncology centers in the Spartanburg/Union/Cherokee service area. We affirm as modified.

PROCEDURAL BACKGROUND

In June 2002, appellant/respondent Spartanburg Regional Medical Center...

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