In Re Lima Memorial Hospital

Petree, Presiding Judge.

Appellant, Ohio Department of Health (“ODH”), appeals the order of the Certificate of Need Review Board (“board” or “CONRB”), awarding a certificate of need (“CON”) to appellees, Lima Memorial Hospital and St. Rita’s Medical Center (“appellees”), for the establishment of a joint open-heart surgery program in Lima, Ohio. On appeal, ODH raises six assignments of error for review:

“I. The Board erred as a matter of law when it refused to dismiss the appeal on res judicata grounds.

“II. The Board erred in failing to deny the CON when the Board did not obtain five lawful…