Legal Opinion

Kenley v. Newport News General & Non-Sectarian Hospital Ass'n

Supreme Court of Virginia

Decided March 9, 1984No. Record No. 810628PublishedCited by 24 opinions

1Opinion of the CourtCochran, J.

Newport News General & Non-Sectarian Hospital Association, Inc. (owner and operator of Riverside Hospital and herein referred to as the Hospital or Riverside), filed in the trial court a motion for declaratory judgment against James B. Kenley, M.D., State Health Commissioner. The Hospital sought a declaration that it did not have to obtain a certificate of public need under Code §§ 32.1-93 to -1021 to operate a program of open heart surgery.

The Commissioner filed a demurrer on the ground that the Hospital had not alleged compliance with either the Administrative Process Act (APA), Code §§…

2Cases cited4 opinions

  1. Virginia Alcoholic Beverage Control Commission v. York Street Inn, Inc.Supreme Court of Virginia · 1979
  2. State Board of Health v. GodfreySupreme Court of Virginia · 1982
  3. Comm. Ex Rel. State Water Control Board v. County Utilities Corp.Supreme Court of Virginia · 1982
  4. Forbes v. KenleySupreme Court of Virginia · 1984

3Cited by24 opinions

  1. Virginia Board of Medicine v. Virginia Physical Therapy Ass'nCourt of Appeals of Virginia · 1991
  2. Mayo v. Department of CommerceCourt of Appeals of Virginia · 1987
  3. Virginia Retirement System v. CirilloCourt of Appeals of Virginia · 2009
  4. Strawbridge v. County of ChesterfieldCourt of Appeals of Virginia · 1996
  5. Giannoukos v. Virginia Board of MedicineCourt of Appeals of Virginia · 2005

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