Murby v. Children's Hospital Corp.

Salinger, Kenneth W., J.

Plaintiffs oppose the plans by Boston Children’s Hospital to erect a new clinical building on the site of the Prouty Garden, which they and many others value as a quiet sanctuary for Hospital patients and their families. In this lawsuit Plaintiffs ask the Court to enforce the determination of need (“DoN”) law, which requires hospitals and other health care facilities to obtain approval from the Department of Public Health (“DPH”) before making substantial capital expenditures. See G.L.c. Ill, §§25B-25G.

The Court previously denied Plaintiffs’ motion for a preliminary…