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HICKORY H. NURS. H., INC. v. DEPT. OF HEALTH

No. 3312 C.D. 1984.

91 Pa.Commw. 129 (1985)

Hickory House Nursing Home, Inc., Petitioner v. Commonwealth of Pennsylvania, Department of Health, Respondent.

Commonwealth Court of Pennsylvania.

August 14, 1985.

Attorney(s) appearing for the Case

Richard B. Cappalli, for petitioner.

Carolyn B. McClain, Assistant Counsel, with her, Ruth M. Siegel, Chief Counsel, for respondent, Department of Health.

Jeanne Ward Ryan, with her, Jane Landes Foster, Stradley, Ronon, Stevens & Young, for intervening respondent, Archdiocese of Philadelphia.

Argued June 6, 1985, before Judges MacPHAIL and COLINS, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, August 14, 1985:

Hickory House Nursing Home, Inc. (Petitioner) appeals the decision of the State Health Facility Hearing Board (Board) which upheld the Department of Health's (Department) grant of a Certificate of Need (CON) to the Archdiocese of Philadelphia (Archdiocese) for the construction of a one hundred and fifty (150) bed nursing home in Chester County.

Petitioner, the Archdiocese and the Department entered into a Stipulation...

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