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MRI AT BELFAIR v. S.C. DEPT. OF HEALTH

No. 26962.

392 S.C. 314 (2011)

709 S.E.2d 626

MRI AT BELFAIR, LLC, and Hilton Head Regional Medical Center, v. SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL and Southern MRI, LLC, Appellants, Respondents.

Supreme Court of South Carolina.

Decided April 25, 2011.

Attorney(s) appearing for the Case

M. Elizabeth Crum and Kelly M. Jolley , of McNair Law Firm, P.A., of Columbia, for Appellant MRI at Belfair, LLC.

Daniel J. Westbrook , Travis Dayhuff , and Holly G. Gillespie , of Nelson Mullins Riley & Scarborough, LLP, of Columbia, for Appellant Hilton Head Regional Medical Center.

Carlisle Roberts, Jr. , Nancy S. Layman , Ashley C. Biggers , and Kristin L. Pawlowski , all of Columbia, for Respondent South Carolina Department of Health and Environmental Control.

E. Wade Mullins, III , of Bruner, Powell, Robbins, Wall & Mullins, LLC, of Columbia, for Respondent Southern MRI, LLC.

Justice KITTREDGE:

In this appeal, Appellants challenge a determination by the Department of Health and Environmental Control ("DHEC") that the total project cost of Respondent Southern MRI's purchase of magnetic resonance imaging equipment was less than $600,000. If the total project cost exceeded $600,000, Southern MRI should have applied to DHEC for a Certificate of Need ("CON"). If the total project cost did not exceed $600,000, Southern MRI did not need to apply...

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