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IN RE ACTD LLC

No. 19-245.

250 A.3d 590 (2020)

2020 VT 89

IN RE ACTD LLC, d/b/a The Green Mountain Surgery Center.

Supreme Court of Vermont.

October 2, 2020.

Attorney(s) appearing for the Case

Karen Tyler of Dunkiel Saunders Elliott Raubvogel & Hand, PLLC, Burlington, and Eric Citron and Daniel Woofter of Goldstein & Russell, P.C., Bethesda, Maryland, for Appellant.

Thomas J. Donovan, Jr. , Attorney General, and Benjamin D. Battles , Solicitor General, Montpelier, for Appellee.

Daniel P. Richardson of Tarrant, Gillies & Richardson, Montpelier, for Amicus Curiae Vermont Education Health Initiative.

PRESENT: Reiber, C.J., Eaton, Carroll and Cohen, JJ., and Pearson, Supr. J. (Ret.), Specially Assigned.

¶ 1. This appeal concerns a certificate of need (CON) granted by the Green Mountain Care Board to applicant ACTD, LLC, to operate the Green Mountain Surgery Center (GMSC), a for-profit multi-specialty ambulatory surgery center. During the CON application process, applicant indicated that it initially planned to offer surgical services...

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