In Sept. 2010, Trinity received certificate of need approval from the Alabama Certificate of Need Review Board to build a new facility near Highway 280. However, Brookwood Medical Center and St. Vincent’s Hospital, both in Birmingham, appealed the CON and eventually filed an appeal with the Circuit Court of Montgomery County. In March of this year, Judge Jimmy Pool remanded the case back to the review board. Trinity appealed the Circuit Court’s ruling, asking the higher court to issue a Writ of Mandamus, vacating the ruling. In its recent decision, the Appeals Court determined the Circuit Court lacked the authority to remand the case and issued a Writ of Mandamus directing the Circuit Court to vacate its order.
The decision sends the case back to Judge Pool, where he is expected to consider Trinity’s motion to dismiss the appeals by the two competing hospitals.
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