Legal Opinion
Albany Surgical, P.C. v. Department of Community Health
Court of Appeals of Georgia
Decided September 27, 2002No. A02A1836PublishedCited by 21 opinions
1Opinion of the Court
Eldridge, Judge.
This is an appeal from the grant of summary judgment for the Department of Community Health, Division of Health Planning, in a declaratory judgment action brought by Albany Surgical, P.C. seeking to declare invalid Ga. Comp. R. & Regs. Rules 272-2-.01 (19) (h) 3 and 272-2-.09 (1) (b) 10 (“DHP Rule”), which provides that an ambulatory surgery center engaged only in the practice of “general surgery” does not qualify for the single specialty exemption for the Certificate of Need (“CON”). In its trial brief in opposition to such motion, Albany Surgical raised for the first time…
2Cases cited26 opinions
- United States v. RutherfordSupreme Court of the United States · 1979
- Bentley v. ChastainSupreme Court of Georgia · 1978
- Watson v. Sierra Contracting Corp.Court of Appeals of Georgia · 1997
- Sawnee Electric Membership Corp. v. Georgia Public Service CommissionSupreme Court of Georgia · 2001
- North Fulton Medical Center, Inc. v. StephensonSupreme Court of Georgia · 1998
21 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Department of Community Health, Division of Health Planning v. Gwinnett Hospital System, Inc.Court of Appeals of Georgia · 2003
- Georgia Oilmen's Ass'n v. Department of RevenueCourt of Appeals of Georgia · 2003
- Dept. of Community Health v. Satilla Health Services, Inc.Court of Appeals of Georgia · 2004
- Savannah Cemetery Group Inc. v. DePue-Wilbert Vault Co.Court of Appeals of Georgia · 2010
- Harris v. SnelgroveSupreme Court of Georgia · 2011
16 more not listed; retrieve them via the Exa API.