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SISTERS OF ST. FRANCIS HEALTH v. MORGAN COUNTY, IN

No. 1:05 CV 0623 DFH TAB.

397 F.Supp.2d 1032 (2005)

SISTERS OF ST. FRANCIS HEALTH SERVICES, INC., d/b/a St. Francis Hospital Mooresville, Plaintiff, v. MORGAN COUNTY, INDIANA, et al., Defendants.

United States District Court, S.D. Indiana, Indianapolis Division.

November 2, 2005.

Attorney(s) appearing for the Case

Dave C. Bromund, Gayle A. Reindl, Michael D. Chambers, Steven C. Shockley, Thomas A. Barnard, Sommer Barnard Attorneys, PC, Indianapolis, IN, for Plaintiff.

Joseph C. Chapelle, Kendall H. Millard, Mark Jason Crandley, Barnes & Thornburg LLP, Indianapolis, IN, Edward John Steren, John J. Miles, Ober Kaler Grimes & Shriver, Washington, DC, for Defendants.

Daniel Martin Riess, U.S. Department of Justice, Washington, DC, for Intervenor.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

HAMILTON, District Judge.

In the past, the State of Indiana required state government approval, in the form of what was often called a certificate of need, before a new hospital could be built or an existing hospital could be substantially expanded. The state repealed that requirement in 1987 and allowed market forces of supply and demand to replace the certificate of need regulatory process. Pub.L. No. 194-1987, ...

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