TANNER MEDICAL CENTER, INC. D/B/A TANNER MEDICAL CENTER-VILLA v. VEST NEWNAN, LLC D/B/A NEWNAN BEHAVIORAL HOSPITAL

Branch, Judge.

This is the second appearance of this certificate-of-need case before this Court. In Tanner Med. Center v. Vest Newnan, LLC , 337 Ga. App. 884 , 789 S.E.2d 258 (2016), we reversed the superior court and affirmed the Department of Community Health's denial of a certificate of need to Vest Newnan, LLC (Vest), which had proposed to establish an inpatient psychiatric hospital in Coweta County. Id. at 893 (3), 789 S.E.2d 258 . On remand from our decision, appellants Tanner Medical Center (Tanner) and the Department moved for attorney fees under OCGA § 31-6-44.1 (c), which provides…