Bio-Medical Applications of Arlington, Inc. v. Kenley

Opinion

KEENAN, J.

Bio-Medical Applications of Arlington, Inc. (BioMedical), appeals from a circuit court decision upholding the State Health Commissioner’s (Commissioner) denial of its application for a certificate of public need (CON) to expand its renal dialysis facility in Arlington County. The CON was awarded instead to Fairfax Dialysis-CAPD Center, Inc. (Fairfax Dialysis). The issues on appeal are: (1) whether the trial court erred in holding that the comparative consideration given to Bio-Medical’s application and the application of Fairfax Dialysis was acceptable within the provisions…