Supreme Court of Alabama
Ex Parte Stv One Nineteen Senior Living, LLC, D/b/a Somerby at St. Vincent's One Nineteen. (in Re Daniel Senior…
February 28, 20142014 Ala. LEXIS 33
Summary
The Alabama Supreme Court affirmed the Court of Civil Appeals, holding that Somerby’s emergency certificate of need did not meet the statutory definition of an emergency and that vesting of a certificate does not foreclose an opponent’s right to judicial review. Justice Moore, in a partial concurrence and dissent, agreed on the vesting issue but disagreed with the majority’s conclusion on the emergency CON.