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Tanner Med. Ctr. Inc. v. Vest Newnan LLC

There was substantial evidence supporting the Department of Community Health's decision to deny a hospital's Certificate of Need to establish an inpatient psychiatric hospital, and the trial court erred in reversing that decision.

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In these consolidated appeals, the Georgia Department of Community Health DCH denied Vest Newnan, LLC d/b/a Newnan Behavioral Hospital Vest a Certificate of Need CON to establish an inpatient psychiatric hospital. The trial court reversed the decision of DCH and ordered it to grant the CON, and this court granted applications for discretionary review filed by DCH and the hospitals that opposed the CON. For the reasons explained below, we reverse the trial court’s judgment and affirm the decision of DCH in both cases.

As our court explained in Palmyra Park Hosp. v. Phoebe Sumter Med. Center, 310 Ga. App. 487 714 SE2d 71 2011,

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