Firm Secures Reversal from Court of Appeals in Contentious Certificate of Need Appeal Case

Written by Firm | Feb 14, 2018 | Results | Print PDF

Today, Robbins Firm attorneys Josh Belinfante, Kimberly Anderson, and Dan Monahan secured a reversal of a superior court’s decision to deny judicial review of a highly contentious Certificate of Need decision.  The firm’s client, a national healthcare company, sought judicial review of the Georgia Department of Community Health’s decision to award the first CON to construct a new hospital in the state of Georgia in decades.  The trial court dismissed the administrative appeal, citing a pending challenge to certain state regulations which would have potentially impacted the Department’s CON decision in this instance.  In its briefs and oral argument, the Robbins Firm presented strong legal authority to the contrary.  The Court of Appeals agreed with the firm’s position, reversing the lower court’s dismissal and holding that the two petitions were sufficiently distinct that the subsequent petition should be afforded a review on the merits. 

For more information please contact Josh Belinfante, Kimberly Anderson or Dan Monahan.