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RESTON HOSP. CENTER, LLC v. REMLEY

Record No. 2636-10-4.

717 S.E.2d 417 (2011)

59 Va. App. 96

RESTON HOSPITAL CENTER, LLC v. Karen REMLEY, M.D., M.B.A., F.A.A.P., State Health Commissioner, and Inova Health Care Services, Inc., d/b/a Inova Fair Oaks Hospital.

Court of Appeals of Virginia, Alexandria.

November 22, 2011.

Attorney(s) appearing for the Case

Robert L. Hodges , Richmond ( J. William Boland ; Nathan A. Kottkamp ; Thomas J. Stallings ; Jeffrey D. McMahan, Jr. ; McGuire Woods, LLP, on briefs), for appellant.

Ishneila G. Moore , Assistant Attorney General ( Kenneth T. Cuccinelli, II , Attorney General; David E. Johnson , Deputy Attorney General; Allyson K. Tysinger , Senior Assistant Attorney General, on brief), for appellee Karen Remley, M.D., M.B.A., F.A.A.P., State Health Commissioner.

Amandeep S. Sidhu ( M. Miller Baker ; H. Guy Collier ; McDermott Will & Emery LLP, on brief), for appellee Inova Health Care Services, Inc., d/b/a Inova Fair Oaks Hospital.

Present: PETTY, ALSTON, JJ., and COLEMAN, Senior Judge.

PETTY, Judge.

Reston Hospital Center ("Reston") appeals a ruling of the Circuit Court of Fairfax County dismissing Reston's appeal of a decision by the State Health Commissioner to issue a certificate of public need authorizing Inova Health Services ("Inova") to provide new radiation therapy services at its Fair Oaks Hospital. The circuit court held that Reston was not "sufficiently aggrieved to have standing" to appeal the Commissioner's decision. On appeal, Reston...

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