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COLKITT v. SIEGEL

140 N.J. 200 (1995)

657 A.2d 1202

DOUGLAS R. COLKITT, M.D., APPELLANT-RESPONDENT, v. BRUCE SIEGEL, M.D., M.P.H., ACTING COMMISSIONER OF HEALTH, STATE OF NEW JERSEY, RESPONDENT-APPELLANT.

The Supreme Court of New Jersey.

Decided May 22, 1995.

Attorney(s) appearing for the Case

Michael J. Haas, Senior Deputy Attorney General, argued the cause for appellant (Deborah T. Poritz, Attorney General of New Jersey, attorney, Joseph L. Yannotti, Assistant Attorney General, of counsel, Mr. Haas and Darcy A. Saunders, Deputy Attorney General, on the briefs).

John T. Brennan, Jr., a member of the District of Columbia bar, argued the cause for respondent (Cohen, Shapiro, Polisher, Shiekman and Cohen, attorneys, Mr. Brennan and Murray J. Klein, on the brief).

The opinion of the Court was delivered by O'HERN, J.

The central question in this appeal is whether a physician must obtain a certificate of need to open a high-voltage cancer radiation treatment facility. The Appellate Division held that the regulations of the State Department of Health requiring a certificate of need were invalid under our decision in In re Adoption of Regulations Governing State Health Plan, 135 N.J. 24, ...

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