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DOCTORS' HOSPITAL OF WILLIAMSBURG, LLC v. STROUBE

Record No. 1798-07-1.

665 S.E.2d 862 (2008)

52 Va. App. 599

DOCTORS' HOSPITAL OF WILLIAMSBURG, LLC and LTACH @ Riverside, LLC v. Robert B. STROUBE, M.D., M.P.H., State Health Commissioner, and Sentara Healthcare.

Court of Appeals of Virginia, Chesapeake.

September 9, 2008.

Attorney(s) appearing for the Case

Jeannie A. Adams, Glen Allen, (Paul Walkinshaw; Hancock, Daniel, Johnson & Nagle, P.C., Fairfax, on briefs), for appellants.

Thomas W. McCandlish (Jamie B. Martin; Jeremy A. Ball; McCandlish Holton, P.C., on brief), for appellee Sentara Healthcare.

Matthew M. Cobb, Assistant Attorney General (Robert F. McDonnell, Attorney General; David E. Johnson, Deputy Attorney General; Jane D. Hickey, Senior Assistant Attorney General, on brief), for appellee Robert B. Stroube, M.D., M.P.H., State Health Commissioner.

Present: HUMPHREYS, and MILLETTE, JJ., and OLITSKY, Retired J.

MILLETTE, Judge.

Doctors' Hospital of Williamsburg, LLC (Doctors'), submitted a Certificate of Public Need (COPN) application to the Virginia Department of Health (the Department) and the appropriate local health planning agency (HPA), Eastern Virginia Health Systems Agency (EVHSA) pursuant to Code § 32.1-102.6(A). Doctors' proposed establishing a 51-bed general acute care hospital in Williamsburg, Virginia. On the same day, LTACH @ Riverside, LLC (LTACH) submitted...

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