HealthSouth of Alabama, LLC v. Shelby Ridge Acquisition Corp.

I respectfully dissent.

HealthSouth of Alabama, LLC (“Health-South”), was issued two certificates of need (“CONs”) by the Certificate of Need Review Board (“CONRB”), each CON for a 17-bed inpatient physical-rehabilitation hospital. Although the Court of Civil Appeals’ opinion states that operating a facility with only 17 inpatient physical-rehabilitation beds was neither financially nor clinically feasible and describes those criteria as “key,” I do not believe the Court of Civil Appeals impermissibly elevated those criteria over any others. They were “key” because the decisions to grant the…