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Southern and Central Illinois Laborers' District Council v. Illinois Health Facilities Planning Board

July 1, 2002

SOUTHERN AND CENTRAL ILLINOIS LABORERS' DISTRICT COUNCIL, PLAINTIFF-APPELLEE,
v.
THE ILLINOIS HEALTH FACILITIES PLANNING BOARD, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Williamson County. No. 00-MR-96 Honorable John Speroni, Judge, presiding.

Justices: Honorable Melissa A. Chapman, J. Honorable Richard P. Goldenhersh, J., and Honorable Terrence J. Hopkins, J., Concur

The opinion of the court was delivered by: Justice Melissa Chapman

Released for publication.

SOUTHERN AND CENTRAL ILLINOIS LABORERS' DISTRICT COUNCIL, PLAINTIFF-APPELLEE,
v.
THE ILLINOIS HEALTH FACILITIES PLANNING BOARD, DEFENDANT-APPELLANT.

Appeal from the Circuit Court of Williamson County. No. 00-MR-96 Honorable John Speroni, Judge, presiding.

Attorneys for Appellant

James E. Ryan, Attorney General, State of Illinois, Joel D. Bertocchi, Solicitor General, Richard S. Huszagh, Assistant Attorney General, 100 West Randolph Street, 12th Floor, Chicago, IL 60601

Attorney for Appellee

Patrick J. O'Hara, Cavanagh & O'Hara, 407 East Adams Street, P.O. Box 5043, Springfield, IL 62705

Justices: Honorable Melissa A. Chapman, J. Honorable Richard P. Goldenhersh, J., and Honorable Terrence J. Hopkins, J., Concur

The opinion of the court was delivered by: Justice Melissa Chapman

This is an appeal from the circuit court's denial of the motion to transfer venue filed by the Illinois Health Facilities Planning Board (defendant). The issue for review is whether the circuit court erred in denying defendant's motion to transfer. We affirm.

I. FACTS

Defendant is a regulatory body of the State of Illinois pursuant to the Illinois Health Facilities Planning Act (20 ILCS 3960/1 et seq. (West 2000)), and it is charged with regulating the construction, modification, and establishment of health care facilities in the state. On May 21, 1999, defendant approved the application of Marion Hospital Corp. (the hospital) to construct a 92-bed hospital in Williamson County to replace the hospital's existing facility, also located in Williamson County. On June 9, 1999, defendant issued the hospital a permit for the construction of the replacement hospital. The permit ...


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