Psychiatric Institute of America v. Mediplex, Inc.

This is an interlocutory transfer without ruling from the Superior Court (Cann, J.), whereby the parties seek clarification as to the effect, if any, of Executive Order 85-2 and *127of Laws 1985, chapter 378, on the certificate of need (CON) procedures set forth in RSA chapter 151-C (Supp. 1983).

The facts are not in dispute. In late 1984, Mediplex, Inc. (Mediplex), Whispering Pines, and Psychiatric Institute of America (P.I.A.), all parties in the present action, applied for CON’s for alcohol and substance abuse specialty beds under the provisions of RSA chapter 151-C (Supp. 1983). On May 23,…