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OVERLAKE HOSP. ASS'N v. DEPT. OF HEALTH

No. 82728-1.

239 P.3d 1095 (2010)

OVERLAKE HOSPITAL ASSOCIATION and Overlake Hospital Medical Center, a Washington nonprofit corporation; and King County Public Hospital District No. 2, d/b/a Evergreen Healthcare, a Washington Public Hospital District, Respondents, v. DEPARTMENT OF HEALTH OF the STATE OF WASHINGTON, and Swedish Health Services, Petitioners.

Supreme Court of Washington, En Banc.

Decided September 23, 2010.

Attorney(s) appearing for the Case

Richard Arthur McCartan , Anne Elizabeth Egeler , Michael Steven Tribble , Office of the Attorney General, Olympia, WA, Peter Scott Ehrlichman , Dorsey & Whitney, L.L.P., Brian William Grimm , Bennett Bigelow & Leedom, Seattle, WA, for Petitioner/Appellant.

James Scott Fitzgerald , Gregory A. McBroom , Livengood Fitzgerald & Alskog, P.L.L.C., Kirkland, WA, for Appellee/Respondent.

Scott Easter , Benjamin I. VandenBerghe , Kristiana Farris O'Brien , Montgomery Purdue Blankinship & Austin, Seattle, WA, for amicus counsel for Proliance Surgeons Incorporated.

ALEXANDER, J.

¶ 1 Swedish Health Services (Swedish) and the Washington State Department of Health (Department) seek review of a decision of the Court of Appeals, in which that court concluded that the Department used flawed methodology in determining that there was need for an additional ambulatory surgical facility (ASF) in East King County.1 Swedish and the Department's principal argument is that the Court of Appeals did not accord...

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