Bio-Magnetic Resonance, Inc v. Department of Public Health

Plaintiff appeals as of right from a Court of Claims order granting summary disposition under MCR 2.116(C)(8) to defendants. We affirm.

Plaintiff is a for-profit corporation that provides medical diagnostic services through the use of a magnetic resonance imaging unit (mri unit). In order to acquire a second mri unit, plaintiff filed a petition with defendant Michigan Department of Public Health (mdph) for a certificate of need (con) 1 on June 30, 1995. In a proposed decision dated December 21, 1995, the mdph recommended denial of the application. Without waiting for the issuance of a final…