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N. FULTON MED. CTR. v. STATE HEALTH PLANNING

Nos. A98A0584, A98A0585.

503 S.E.2d 47 (1998)

233 Ga. App. 28

NORTH FULTON MEDICAL CENTER, INC. v. STATE HEALTH PLANNING AGENCY. NORTHSIDE HOSPITAL, INC. v. NORTH FULTON MEDICAL CENTER, INC.

Court of Appeals of Georgia.

Reconsiderations Denied June 16, 1998 and June 19, 1998.

Attorney(s) appearing for the Case

Jones, Day, Reavis & Pogue, Michael J. McConnell, Ruth H. Gershon, David J. Bailey, Atlanta, for North Fulton Medical Center, Inc.

Powell, Goldstein, Frazer & Murphy, Randall L. Hughes, Kathlynn L. Butler, Atlanta, for Northside Hospital, Inc.

Thurbert E. Baker, Attorney General, Brenda H. Cole, Deputy Attorney General, Alan Gantzhorn, Senior Assistant Attorney General, William W. Calhoun, Assistant Attorney General, Clyde L. Reese III, for State Health Planning Agency.

JOHNSON, Judge.

These appeals involve the validity and application of an administrative agency rule allowing an applicant to relocate an ambulatory surgical center without having to meet certain criteria required for opening a new facility. For the reasons which follow, the superior court judgment affirming the agency's decision granting the application is reversed in Case No. A98A0584. Case No. A98A0585 is dismissed as moot.

Northside Hospital sought to open...

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