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RESTON HOSP. CENTER, LLC v. REMLEY

Record No. 2301-12-4.

763 S.E.2d 238 (2014)

63 Va. App. 755

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

Court of Appeals of Virginia, Alexandria.

September 30, 2014.

Attorney(s) appearing for the Case

Robert L. Hodges , Richmond ( 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; Rita W. Beale , Deputy Attorney General; Allyson K. Tysinger , Senior Assistant Attorney General, on briefs), for appellee Karen Remley, former State Health Commissioner.

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

Present: Felton, C.J., and HUMPHREYS and KELSEY, JJ.

D. ARTHUR KELSEY, Judge.

The State Health Commissioner issued a certificate of public need (COPN) to Inova Health Care Services authorizing it to relocate a medical radiation therapy service from Inova Fairfax Hospital to Inova Fair Oaks Hospital, both situated in Fairfax County. A competitor, Reston Hospital Center, LLC, objected to the relocation during the administrative process and on appeal to the circuit court. The circuit court held that the Commissioner acted...

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