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Woodland Park Hospital Inc. v. Comprehensive Health Planning Authority

December 22, 1972

WOODLAND PARK HOSPITAL, INC., PETITIONER,
v.
COMPREHENSIVE HEALTH PLANNING AUTHORITY ET AL, RESPONDENTS



Judicial Review of an Administrative Order of the Comprehensive Health Planning Authority dated July 11, 1972.

George E. Hart, Pennsylvania, argued the cause for petitioner. On the brief was Donald H. Londer, Portland.

Al J. Laue, Assistant Attorney General, Salem, argued the cause for respondent Comprehensive Health Planning Authority. With him on the brief were Lee Johnson, Attorney General, and John W. Osburn, Solicitor General, Salem.

Clifford B. Alterman, Portland, argued the cause for respondent Portland Adventist Hospital. With him on the brief were Kell & Alterman, Christopher P. Thomas and Emerson U. Sims, Portland.

Foley, Presiding Judge, and Fort and Thornton, Judges.

Foley

Pursuant to the judicial review provided for by ORS 441.095 (2), this appeal challenges the issuance of a Certificate of Need to Portland Adventist Hospital by the Comprehensive Health Planning Authority, hereafter referred to as CHPA.

ORS 441.090 provides that a Certificate of Need from CHPA is required prior to construction, expansion, or alteration of a hospital. In the present case, Portland Adventist Hospital filed its application for a Certificate of Need on January 10, 1972. This application related to the relocation and building of an acute care general hospital to be located on Glendoveer Golf Course in east Multnomah County. The proposed

relocation was within the close proximity of Woodland Park Hospital, petitioner herein.

After extensive study the Comprehensive Health Planning Association for the Metropolitan Portland Area recommended to CHPA that the Certificate of Need be granted. Thereafter, a hearing was held before a hearings officer and a review committee. On July 11, 1972, the CHPA entered its order adopting the recommendation of the hearings officer that the Certificate of Need be granted.

Petitioner, an intervenor in the proceeding below, challenges the decision on two grounds. First, petitioner contends that CHPA erred in its interpretation of a statutory criterion for granting the Certificate of Need. The second ground is that the decision to grant the Certificate of Need is not supported by substantial evidence.

As to the first contention, ORS 441.095 (1) provides that CHPA

"* * * shall issue a certificate of need if it finds that the proposed construction is reasonably necessary to provide health care to the defined population in a manner which is economically practicable, which maintains high quality standards, which is appropriate to the timely and economic ...


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