Legal Opinion

Sisters of St. Francis Health Services, Inc. v. Morgan County

District Court, S.D. Indiana

Decided November 2, 2005No. 1:05 CV 0623 DFH TABPublishedCited by 3 opinions

1Opinion of the Court

FINDINGS OF FACT AND CONCLUSIONS OF LAW.

HAMILTON, District Judge.

In the past, the State of Indiana required state government approval, in the form of what was often called a certificate of need, before a new hospital could be built or an existing hospital could be substantially expanded. The state repealed that requirement in 1987 and allowed market forces of supply and demand to replace the certificate of need regulatory process. Pub.L. No. 194-1987, § 9, 1987 Ind. Acts 2270 (repealing Ind.Code §§ 16-1-3.7-1 to -12).

The central issue in this case is whether a county government in Indiana may…

2Cases cited31 opinions

  1. Carnegie-Mellon University v. CohillSupreme Court of the United States · 1988
  2. City of Chicago v. International College of SurgeonsSupreme Court of the United States · 1997
  3. Williamson County Regional Planning Commission v. Hamilton Bank of Johnson CitySupreme Court of the United States · 1985
  4. Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc.Supreme Court of the United States · 1961
  5. United Mine Workers v. PenningtonSupreme Court of the United States · 1965

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3Cited by3 opinions

  1. Congregation Rabbinical College of Tartikov, Inc. v. Village of PomonaDistrict Court, S.D. New York · 2013
  2. Scottish Rite Cathedral Ass'n v. City of Los AngelesCalifornia Court of Appeal · 2007
  3. Fort Wayne Women's Health v. Board of CommissionersDistrict Court, N.D. Indiana · 2010

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