NRV Real Estate, LLC v. Virginia Department of Health

HALEY, Judge.

I. INTRODUCTION

NRV Real Estate, LLC (“NRV”) appeals the order of the Circuit Court of Roanoke County dismissing NRVs appeal from the decision of the Department of Health (“the agency”) to not accept NRV’s application for a Certificate of Public Need (“COPN”) to transfer nursing home beds. The circuit court held the agency lacked statutory authority to permit the transfer. On appeal, NRV argues the agency has such statutory authority, has exercised this power in the past by permitting transfers, and acted arbitrarily and capriciously in this case by disregarding its prior…