Legal Opinion

West Virginia Health Care Cost Review Authority v. Boone Memorial Hospital

West Virginia Supreme Court

Decided May 17, 1996No. 23035PublishedCited by 114 opinions

1Opinion of the Court

CLECKLEY, Justice.

The appellant herein, Boone Memorial Hospital (Hospital), appeals the December 29, 1994, order of the Circuit Court of Kana-wha County which held the Hospital’s proposed stationary computerized tomography (CT) service is subject to Certificate of Need (CON) review. In so determining, the circuit court reversed the June 9, 1994, administrative decision of the Office of Hearings and Appeals of the West Virginia Department of Tax and Revenue (OHA) which held the proposal is not subject to CON review. OHA had reversed the November 16, 1993, decision of the West Virginia Health…

2Cases cited27 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  3. Immigration & Naturalization Service v. Cardoza-FonsecaSupreme Court of the United States · 1987
  4. Cannon v. University of ChicagoSupreme Court of the United States · 1979
  5. Stinson v. United StatesSupreme Court of the United States · 1993

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3Cited by114 opinions

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  3. State Ex Rel. ACF Industries, Inc. v. ViewegWest Virginia Supreme Court · 1999
  4. Arnold v. United Companies Lending Corp.West Virginia Supreme Court · 1998
  5. In Re New Motor Vehicles Canadian Export Antitrust LitigationDistrict Court, D. Maine · 2004

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