Johnston Ambulatory Surgical Associates, Ltd. v. Nolan

Although I agree with that portion of the Court’s opinion holding that the De*814partment of Health (department) has standing to seek review of the Superior Court’s judgment, I respectfully dissent with respect to its application of the doctrine of administrative finality in this case. Even assuming, without deciding, that the department’s director owed no special deference to the recommendations of the Health Services Council (council), I do not believe that the doctrine of administrative finality should apply to this type of administrative proceeding, which depends so heavily on a showing of…