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IN RE TIMKEN MERCY MEDICAL CTR.

No. 90-1516.

61 Ohio St.3d 81 (1991)

IN RE TIMKEN MERCY MEDICAL CENTER, APPELLEE; OHIO DEPARTMENT OF HEALTH, APPELLANT.

Supreme Court of Ohio.

Decided July 3, 1991.

Attorney(s) appearing for the Case

Lee I. Fisher, Attorney General, and Dennis G. Nealon, for appellant.

Bricker & Eckler and Catherine M. Ballard, for appellee.

ALICE ROBIE RESNICK, J.

This case involves the interpretation of former R.C. 3702.58, which governed appeals to the Certificate of Need Review Board from decisions of the ODH.1 The appellant argues that under R.C. 3702.58, the Board may not reverse an ODH ruling on an application for a certificate of need unless it finds that the Director of Health abused his discretion in reaching a decision...

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