Bio-Medical Applications of Arlington Inc. v. Kenley

Bio-Medical Applications of Arlington Inc. v. Kenley

Bio-Medical Applications of Arlington, Inc. (Bio-Medical), appeals from a circuit court decision upholding the State Health Commissioners (Commissioner) denial of its application for a certificate of public need (CON) to expand its renal dialysis facility in Arlington County. The CON was awarded instead to Fairfax Dialysis-CAPD Center, Inc. (Fairfax Dialysis). The issues on appeal are: (1) whether the trial court erred in holding that the comparative consideration given to Bio-Medicals application and the application of Fairfax Dialysis was acceptable within the provisions of Virginia administrative procedure; and (2) whether the trial court erred in finding substantial evidence in the record to support the Commissioners decision. Finding no reversible error, we affirm the decision of the court.

Bio-Medical Applications of Arlington Inc. v. Kenley



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