TRIDENT MEDICAL CENTER v. DHEC

No. 5297.

412 S.C. 341 (2015)

772 S.E.2d 177

TRIDENT MEDICAL CENTER, LLC, d/b/a Berkeley Regional Medical Center, Appellant/Respondent, v. SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL and Roper St. Francis Hospital-Berkeley, d/b/a Roper St. Francis Hospital, Of Whom South Carolina Department of Health and Environmental Control is the Respondent and Roper St. Francis Hospital is the Respondent/Appellant. Trident Medical Center, LLC, d/b/a Berkeley Regional Medical Center, Appellant/Respondent, v. South Carolina Department of Health and Environmental Control and Roper St. Francis Hospital-Berkeley, d/b/a Roper St. Francis Hospital, Of whom South Carolina Department of Health and Environmental Control is the Respondent and Roper St. Francis Hospital is the Respondent/Appellant. CareAlliance Health Services and Roper St. Francis Hospital-Berkeley, Respondents/Appellants, v. South Carolina Department of Health and Environmental Control and Trident Medical Center, LLC, Of whom South Carolina Department of Health and Environmental Control is the Respondent and Trident Medical Center, LLC, is the Appellant/Respondent.

Court of Appeals of South Carolina.

Decided February 18, 2015.

Withdrawn, Substituted and Refiled May 6, 2015.


Attorney(s) appearing for the Case

David B. Summer Jr. , William R. Thomas , and Faye A. Flowers , all of Parker Poe Adams & Bernstein LLP, of Columbia, for Appellant/Respondent.

William Marshall Taylor Jr. , Ashley Caroline Biggers , and Vito Michael Wicevic , all of Columbia, for Respondent South Carolina Department of Health and Environmental Control.

James G. Long III and Jennifer J. Hollingsworth , both of Nexsen Pruet, LLC, of Columbia, for Respondents/Appellants.


These cross-appeals involve a decision of the South Carolina Administrative Law Court (ALC) upholding the issuance by the South Carolina Department of Health and Environmental Control (DHEC) of a Certificate of Need (CON) for hospital construction in Berkeley County to both Roper St. Francis Hospital-Berkeley (Roper) and Trident Medical...

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