Alabama Renal Stone Institute v. Shpa

This is an appeal from the granting of a summary judgment.

The record in pertinent part reveals the following: In July 1984, the Alabama State Health Planning Agency (SHPA) issued Alabama Renal Stone Institute, Inc. (ARSI), a Certificate of Need (CON) to purchase a lithotripter in order to conduct extra-corporeal shockwave (ESW) lithotripsy for kidney stone patients. The cost was approximately $1,850,000. The ESW lithotripter purchased by ARSI uses shock-waves transmitted through water to shatter kidney stones in a patient immersed in a bath. The CON was both machine and service specific in…