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HERITAGE GROVE v. DEPT. OF HEALTH

No. 52393-1-II.

453 P.3d 1022 (2019)

HERITAGE GROVE, a Washington not-for-profit corporation; Prestige Care, Inc., a Washington corporation; Care Center (Yakima), Inc., a Washington corporation; and Yakima Valley Ventures, LLC, a Washington limited liability company. Appellants, v. DEPARTMENT OF HEALTH; State of Washington and Selah Care and Rehabilitation; Landmark Care and Rehabilitation; Emerald Care; Good Samaritan Health Care Center; Willow Springs Care and Rehabilitation; Crescent Health Care, Inc.; and Summitview Healthcare Center, Respondents.

Court of Appeals of Washington, Division 2.

Filed December 10, 2019.

Attorney(s) appearing for the Case

Thomas Huber Grimm , Ryan Swanson & Cleveland PLLC, 1201 3rd Ave. Ste. 3400, Seattle, WA, 98101-3034, for Appellants.

Janis L. Snoey , WA Attorney Generals Office, Po Box 40109, Olympia, WA, 98504-0109, Dept. of Agriculture & Health A.g. Office, Attorney at Law, 7141 Cleanwater Lane Sw, PO Box 40109, Olympia, WA, 98504-0109, Brian William Grimm , Perkins Coie LLP, 1201 3rd Ave. Ste. 4900, Seattle, WA, 98101-3099, for Respondents.

PUBLISHED OPINION

¶1 Heritage Grove submitted a certificate of need (CN) application to the Department of Health (DOH). DOH initially approved the application, but a group of nursing homes in Yakima (collectively Respondent Nursing Homes1) administratively challenged the CN. At the conclusion...

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