Affinity Hospital, LLC v. Brookwood Health Services Inc.

Although I agree that the judgment of the Montgomery Circuit Court affirming the award by the State Health Planning and Development Agency (“SHPDA”) through the Certificate of Need Review Board (“CONRB”) of a Certificate of Need (“CON”) to Brookwood Health Services, Inc., d/b/a Brookwood Medical Center (“Brookwood”) to construct a freestanding emergency department (“FED”) should be affirmed, I would approach two of the arguments asserted by Affinity Hospital, LLC, d/b/a Trinity Medical Center of Birmingham (“Trinity”), differently. As a result, I must concur in the result.

Trinity’s first and…