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October 2002
 In the Supreme Court
of Mississippi: Attala
County Board of Supervisors d/b/a Attala Care Center v.
Mississippi State Department
of Health
On June 27, 2002, the
Mississippi State Department of Health (MSDH) awarded a
certificate of need (CON) to
Garry V. Hughes (Hughes), d/b/a the Kennington for the
construction of a 60-bed nursing home
in Attala County, Mississippi. There were four applicants: (1)
Hughes d/b/a the Kennington; (2) the Attala
County Board of Supervisors (the Board) d/b/a Attala Care Center;
(3) Attala Health Care Center, Inc.;
and (4) Sentry North, L.P. (Sentry) d/b/a Sentry Attala. The Board
was the only applicant to timely appeal
the MSDH's decision to the Chancery Court of Attala County
pursuant to Miss. Code Ann. 41- 7-201(2)
(Rev. 2001). The chancery court issued its decision affirming the
CON award to Hughes and denied
the Board's motion for reconsideration. The Board now appeals to
this Court.
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