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PAUL KIMBALL HOSP. INC. v. BRICK TP. HOSP., INC.

86 N.J. 429 (1981)

432 A.2d 36

PAUL KIMBALL HOSPITAL, INC., A NOT-FOR-PROFIT CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, AND REGIONAL HEALTH PLANNING COUNCIL; BERGEN-PASSAIC HEALTH SYSTEMS AGENCY; SOUTHERN NEW JERSEY HEALTH SYSTEMS AGENCY, INC. AND HUDSON HEALTH SYSTEMS AGENCY, INTERVENORS-PLAINTIFFS-RESPONDENTS, v. BRICK TOWNSHIP HOSPITAL, INC., A NOT-FOR-PROFIT CORPORATION OF THE STATE OF NEW JERSEY; AND JOANNE E. FINLEY, M.D., COMMISSIONER OF HEALTH OF THE STATE OF NEW JERSEY, DEFENDANTS-APPELLANTS, AND JOHN J. DEGNAN, ATTORNEY GENERAL OF THE STATE OF NEW JERSEY, INTERVENOR-DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided June 24, 1981.

Attorney(s) appearing for the Case

John L. Bonello argued the cause for appellant Brick Township Hospital, etc. (Anschelewitz, Barr, Ansell & Bonello, attorneys; Michele R. Donato, on the brief).

Andrea M. Silkowitz, Deputy Attorney General, argued the cause for appellants Joanne E. Finley, M.D., etc., and John J. Degnan, etc. (John J. Degnan, Attorney General of New Jersey, attorney; Stephen Skillman, Assistant Attorney General, of counsel).

Peter R. Strohm, argued the cause for respondent Paul Kimball Hospital, Inc., etc. (Rothstein, Mandell & Strohm, attorneys).

Burton L. Eichler argued the cause for respondents Regional Health Planning Council, et al. (Brach, Eichler, Rosenberg, Silver, Bernstein & Hammer, attorneys).

The opinion of the Court was delivered by SCHREIBER, J.

This litigation involves a constitutional attack on an amendment to the Health Care Facilities Planning Act ("Act"), N.J.S.A. 26:2H-1 et seq., which exempts certain nonprofit corporations from the requirement of obtaining an initial certificate of need to operate as a hospital. It is asserted that the amendment, N.J.S.A. 26:2H-7.1 (section 7.1), violates the State proscription against special...

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