Ex parte STV One Nineteen Senior Living, LLC, d/b/a Somerby at St. Vincent's One Nineteen.

Summary

The court affirmed the Court of Civil Appeals' reversal of an emergency certificate of need issued to Somerby. It held that Danberry's timely requests for reconsideration and a fair hearing suspended the certificate and preserved its right to administrative and judicial review, and that projected growth in demand for specialized-care beds did not qualify as an emergency under the governing statute and regulation. The court applied the plain meaning of the emergency-CON provisions and concluded that Somerby's application addressed an anticipated community need rather than an unforeseen event endangering existing patients.