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LAHEY CLINIC FOUND. v. HEALTH FACILITIES APPEALS BD.

376 Mass. 359 (1978)

380 N.E.2d 675

LAHEY CLINIC FOUNDATION, INC. & another vs. HEALTH FACILITIES APPEALS BOARD & others.

Supreme Judicial Court of Massachusetts, Suffolk.

September 18, 1978.

Attorney(s) appearing for the Case

Lawrence S. Fordham (Loyd M. Starrett & Arthur G. Telegen with him) for the Concerned Committee for Hospital Cost Control.

Donald K. Stern, Assistant Attorney General (S. Stephen Rosenfeld, Assistant Attorney General, with him) for Health Facilities Appeals Board.

David Berman, Town Counsel, for the town of Burlington.

George T. Finnegan (Ronald B. Schram & Wayne H. Scott with him) for Lahey Clinic Foundation, Inc.

Carl Cyr, Joan Ghio & George L. Judge, for Consumers for a Health Care Choice, amicus curiae, submitted a brief.

John T. Hasenjaeger, amicus curiae, submitted a brief.

Wayne A. Budd, for the North Shore Health Planning Council, Inc., amicus curiae, submitted a brief.

Henry Wheeler, Howard Whitehead & Regina S. Rockefeller, for the Middlesex North Medical Society & others, amici curiae, submitted a brief.

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, LIACOS, & ABRAMS, JJ.

BRAUCHER, J.

In 1972 the Department of Public Health (department) granted a "determination of need" (DoN) to the Lahey Clinic Foundation, Inc. (Lahey), for a 200 bed hospital-clinic complex in Burlington. In December, 1976, the department issued an "extension of determination of need," approving increases in gross square feet and in cost. A ten taxpayer group called the Concerned Committee for Hospital Cost Control (Concerned Committee) and the Health Facilities Appeals...

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