Kennestone Hospital, Inc. v. Emory University

Summary

The court held that a certificate of need authorizing operation of a general acute-care hospital confers private property rights because it authorizes an individual holder to use its property in a particular way. The court also held that a court must first construe an agency's regulation using traditional interpretive tools and may consider deference to the agency only if genuine ambiguity remains. Because the Court of Appeals may not have applied that framework, the court vacated its judgment and remanded without deciding whether Windy Hill ultimately must obtain a new certificate of need or whether any vested right was constitutionally impaired.