St. Luke Hospitals, Inc. v. Commonwealth

OPINION

BUCKINGHAM, Judge.

St. Luke Hospitals, Inc., appeals from a final order of the Franklin Circuit Court affirming the Cabinet for Health and Family Services’ denial of St. Luke’s Certificate of Need (CON) application. St. Luke argues that the circuit court’s decision is arbitrary and capricious because it is incorrect as a matter of law. Specifically, St. Luke contends that the circuit court erred by affirming the Cabinet’s decision even though the decision did not follow long-standing agency interpretation of CON regulations, by not adhering to principles of stare decisis, and by not…