Levine v. Arlington Med. Imaging LLC (U)

The circuit court erred when it reversed the State Health Commissioner’s denial of an application for a Certificate of Public Need for the appellee’s proposed CT scanning facility. The circuit court improperly reviewed the Commission’s decision de novo, rather than applying the substantial-evidence standard. The circuit also erred in admitted new evidence. Substantial evidence supports the Commission’s denial of the certificate.

Reversed; agency decision reinstated.

Levine v. Arlington Med. Imaging LLC (U), No. 0145-18-4, Oct. 23, 2018. CAV (AtLee) from Arlington (Willis).

Categories: Court of Appeals of Virginia, Opinions, Unpublished


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