Family Medical Imaging, LLC v. West Virginia Health Care Authority

The Opinion of the Court was delivered PER CURIAM.

Justice STARCHER dissents and reserves the right to file a dissenting opinion.

Family Medical Imaging, Dr. Gary L. Poling and Dr. Scott C. Lostetter (hereinafter referred to as the “Appellants”),1 appeal from an order of the Circuit Court of Raleigh County that affirmed a decision of the West Virginia Health Care Authority (hereinafter referred to as “the Authority”)2 to deny the *148Appellants a certificate of need.3 In this appeal the Appellants contend that the denial of their request for a certificate of need was erroneous because the Authority…