The Barrow County clerk's office confirms the judge late Monday afternoon overturned a decision by the Georgia Department of Community Health to approve the hospital. The ruling means that NGHS now will have to go to the Georgia Court of Appeals to clear the way for construction of the new hospital in South Hall.
CEO Jim Gardner said the decision was disappointing, but the system is prepared to move ahead.
"We're confident that the Georgia court of Appeals will hear our appeal,and confirm DCH's original ruling," he said. "We always anticipated having to go to the court of appeals; that's just the nature of CON (Certificate of Need) in the state of Georgia."
Judge Robert Adamson conducted a hearing Nov. 24 in Winder on Barrow Regional Medical Center's suit.
Mike Bowers, the attorney for the Winder hospital, argued that the state abused its discretion in approving Northeast Georgia Medical Center's "adverse impact" analysis and that it erred in the way it allowed the Gainesville hospital to revise its application.
Northeast Georgia Medical Center contends that the population growth in the Braselton area is creating the need for two hospitals in order to take care of future demands.
"We always anticipated having to go to the court of appeals; that's just the nature of CON (Certificate of Need) in the state of Georgia," NGHS CEO Jim Gardner said.
http://accesswdun.com/article/2008/12/216115