Roberts Health Care v. SHPDA

Roberts Health Care, Inc. ("Roberts"), and Regency Oaks Health Care Facility, Inc. ("Regency"), appeal from a circuit court judgment in favor of the State Health Planning and Development Agency ("SHPDA") that terminated the certificate of need ("CON")1 SHPDA had awarded Roberts to construct a nursing home in Madison County. We reverse and remand.

I

The history of this case is a labyrinth of interaction between Roberts, Regency, and SHPDA. Accordingly, the following discussion, although lengthy, is only a summary of the events. On August 11, 1993, SHPDA issued a CON to Roberts to construct a…