Legal Opinion

KENNESTONE HOSPITAL, INC. v. EMORY UNIVERSITY

Supreme Court of Georgia

Decided February 6, 2024No. S22G1282PublishedCited by 3 opinions

1Opinion of the Court

318 Ga. 169

FINAL COPY S22G1282. KENNESTONE HOSPITAL, INC. v. EMORY UNVER- SITY et al. PINSON, Justice. In Georgia, if someone wants to build a hospital or offer new or different health services there, they need a certificate of need (“CON”) from the Department of Community Health. See OCGA § 31-6-40. This case is ultimately about whether Windy Hill Hospital (“Windy Hill”) needs a CON to change from a long-term care hospital to a short-term care hospital—and if it does, whether that require- ment violates the constitutional prohibition against retroactive laws. We granted review, however, to…

2Cases cited32 opinions

  1. Spokeo, Inc. v. RobinsSupreme Court of the United States · 2016
  2. Crowell v. BensonSupreme Court of the United States · 1932
  3. Den Ex Dem. Murray v. Hoboken Land & Improvement Co.Supreme Court of the United States · 1856
  4. Christopher v. Smithkline Beecham Corp.Supreme Court of the United States · 2012
  5. Deal v. ColemanSupreme Court of Georgia · 2013

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3Cited by3 opinions

  1. Wasserman v. Franklin CountySupreme Court of Georgia · 2025
  2. GEORGIA DEPARTMENT OF COMMUNITY HEALTH v. KENNESTONE HOSPITAL, INC. D/B/A WELLSTAR WINDY HILL HOSPITALCourt of Appeals of Georgia · 2024
  3. Satilla Riverwatch Alliance, Inc. v. David Dove, Interim Director, Environmental Protection Division, Georgia Dept. of Natural ResourcesCourt of Appeals of Georgia · 2024

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