Daniel Senior Living of Inverness I, LLC v. STV One Nineteen Senior Living, LLC

I disagree with the main opinion’s narrow reading of § 22-21-268, Ala.Code 1975. That reading appears to limit the granting of an emergency certificate of need (“CON”) for capital expenditures to an “emergency” situation arising from an equipment failure or from equipment damaged in a manmade or natural disaster. However, § 22-21-268 also provides for authorization of “capital expenditures made necessary by unforeseen events which endanger the health and safety of the patients.” The statute states that authorization of capital expenditures may be granted pursuant to an emergency CON…