Kennestone Hospital, Inc. v. Northside Hospital, Inc.

FINAL COPY

295 Ga. 446

S14G0341. GEORGIA DEPARTMENT OF COMMUNITY HEALTH v. NORTHSIDE HOSPITAL, INC. S14G0346. KENNESTONE HOSPITAL, INC. v. NORTHSIDE HOSPITAL, INC. MELTON, Justice. These consolidated appeals arise from the Georgia Department of Community Health’s (“DCH’s”) granting of an application for a Certificate of Need (“CON”) to develop an outpatient ambulatory surgery service in East Cobb County to Kennestone Hospital, Inc. (“Kennestone”).1 Kennestone’s application was eventually approved by the DCH after the service was determined to be “part of a hospital” pursuant to Ga. Comp. R. &…