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NASA v. DEPARTMENT OF COMMUNITY HEALTH

No. A05A1668.

627 S.E.2d 67 (2006)

277 Ga. App. 583

NORTH ATLANTA SCAN ASSOCIATES, INC. v. GEORGIA DEPARTMENT OF COMMUNITY HEALTH et al.

Court of Appeals of Georgia.

Reconsideration Denied February 14, 2006.

Attorney(s) appearing for the Case

Arnall, Golden & Gregory, Charles L. Gregory, Jason E. Bring, Atlanta, for appellant.

Thurbert E. Baker, Attorney General, James D. Coots, Assistant Attorney General, Parker, Hudson, Rainer & Dobbs, Thomas D. Watry, Ray & Sherman, John W. Ray, Schreeder, Wheeler & Flint, Alexander J. Simmons, Jr., Atlanta, for appellees.

ELLINGTON, Judge.

North Atlanta Scan Associates, Inc. ("NASA") filed a petition for judicial review of an administrative decision issued by the Georgia Department of Community Health. In that administrative decision, the Department determined that NASA's operation of its diagnostic imaging center without a certificate of need ("CON") violated the State Health Planning Act and ordered that NASA cease operations until it obtained a CON. The Superior Court of Fulton...

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