Stewart v. Commonwealth

593 A.2d 14, 140 Pa. Commw. 400, 1991 Pa. Commw. LEXIS 333
CourtCommonwealth Court of Pennsylvania
DecidedJune 7, 1991
DocketNo. 990 C.D. 1987; Nos. 1882 C.D. 1989, 1964 C.D. 1989
StatusPublished
Cited by1 cases

This text of 593 A.2d 14 (Stewart v. Commonwealth) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stewart v. Commonwealth, 593 A.2d 14, 140 Pa. Commw. 400, 1991 Pa. Commw. LEXIS 333 (Pa. Ct. App. 1991).

Opinions

CRAIG, President Judge.

James H. Stewart, Jr. (objector) petitions for review of an order of the State Health Facility Hearing Board (board) that affirmed the decision of the Department of Health (department) granting a certificate of need (CON) to Grant-ham Woods, Inc. (applicant) pursuant to the Health Care Facilities Act (Act).1 We affirm the board’s decision.2

[404]*404The applicant proposes to construct a continuing care retirement community (CCRC) adjacent to Messiah College in Cumberland County. The CCRC would include a 60 bed health care facility to provide skilled nursing care to its residents and, if beds are available, to individuals outside the community. The objector resides on land adjacent to the site of the applicant’s proposed project.

Section 701 of the Act provides that

[n]o person shall offer, develop, construct or otherwise establish or undertake to establish within the State a new institutional health service without first obtaining a certificate of need from the department.

Section 701(a), 35 P.S: § 448.701(a). (Emphasis added).

For purposes of CON review, new institutional health services include the construction, development or other establishment of a new health care facility or health maintenance organization. Section 701(a)(1), 35 P.S. § 448.-701(a)(1). Because the applicant’s proposal falls within the statutory definition of a “new institutional health service,” the applicant was required to obtain a CON from the department before proceeding with the project.

On September 13, 1985, the applicant submitted its CON application to both the department and to the local health systems agency (HSA). By letter dated November 13, 1985, the objector wrote to the HSA to enter his appearance as an objector to the applicant’s CON application. On February 18, 1986, the HSA conducted a public hearing on the application. The board of directors of the HSA voted on March 13, 1986 to recommend denial of the CON and forwarded the application to the department for its review. On December 24, 1986, the Secretary of Health approved the applicant’s CON application. The objector filed a notice of appeal with the board on January 26, 1987, challenging the department's grant of the CON to the applicant.

Both the department and the applicant filed preliminary motions requesting the board to quash or strike the objector’s appeal on the grounds that (1) the appeal was untimely [405]*405filed and (2) the objector does not have standing to appeal. By order dated April 9, 1987, the board found that the objector’s appeal had not been timely and granted the motion to quash. The board did not address the issue of the objector’s standing to appeal.

The objector appealed the board’s order to this court, which determined that his appeal was timely and remanded the matter to the board for further proceedings. See, Stewart v. State Health Facility Hearing Board, 117 Pa. Commonwealth Ct. 552, 543 A.2d 1290 (1988). On May 25, 1989, the board conducted a hearing on the objector’s appeal. The board issued an opinion and order on August 29, 1989 which denied the applicant’s and department’s motions to strike the objector’s appeal, affirmed the decision of the department to grant the CON, and dismissed the objector’s appeal.

Stewart filed an appeal to this court (No. 1882 C.D.1989). The applicant, joined by the department, filed a cross appeal (No. 1964 C.D.1989) challenging the objector’s standing before the board in the first instance.

The applicant and department contend that the objector lacked standing to appeal the department’s grant of the CON application to the board and that this court should quash the objector’s appeal. In the alternative, the applicant and department argue that the objector lacks standing to challenge the application.

The objector argues that substantial evidence in the record does not support the department’s decision to grant the CON and that procedural and constitutional errors were committed during the application review process.

First, because the applicant and the department have appealed an interlocutory order of the board, that appeal (No. 1964 C.D.1989) must be quashed. Second, the objector has standing to challenge the department’s approval of the application for a certificate of need (CON). Third, the department’s decision to approve the CON application is [406]*406supported by substantial evidence and no prejudicial errors were committed. The department’s decision is affirmed.

1. Nonappealable Order

The board’s denial of the applicant and department’s motion to strike Stewart’s appeal is an interlocutory order and hence not appealable to this court. Accordingly, we quash the cross appeal filed by the applicant and department challenging that denial.

Generally, a party may take an appeal only from an order that is final, rather than interlocutory, in nature. Pa.R.A.P. 341(a). Final orders, for purposes of appeal, are orders that end the litigation or dispose of the entire case, effectively put a litigant “out of court,” or preclude a party from presenting the merits of his claim. Sweener v. First Baptist Church, 516 Pa. 534, 533 A.2d 998 (1987); Peoples Natural Gas Co. v. Pa.PUC, 124 Pa. Commonwealth Ct. 59, 555 A.2d 288 (1989), aff'd, 523 Pa. 370, 567 A.2d 642 (1989).

In this case, the board’s order did not end the litigation between the applicant and objector or put the objector out of court. Because the order explicitly kept the objector in the proceedings, it was clearly interlocutory. Unless expressly provided for by statute or rule, no appeal may lie from such an order. Monzo v. Department of Transportation, 124 Pa Commonwealth Ct. 360, 556 A.2d 493 (1989). Further, although the objector failed to move to quash the applicant and department’s appeal from the interlocutory order, it is appropriate for this court to do so upon our own initiative. Id.

2. Standing

The applicant and department preserved the issue of Stewart’s standing by arguing, in their brief on his appeal from the board’s CON approval decision, that he lacked standing to appeal the department’s decision.

For the reasons stated below, Stewart has standing to challenge the department's approval of the CON.

With respect to a decision of the department on an application for certificate of need, section 506(a) of the Act [407]*407provides that “any party ... who is involved in the proceeding” may appeal the department’s decision to the board. Likewise, “any party ... who is involved in the proceeding” may appeal the hearing board’s decision to this court. Section 507, 35 P.S. § 448.507.

Section 703(a) of the Act, 35 P.S. § 448.703(a), provides that persons who are “directly affected ...

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
593 A.2d 14, 140 Pa. Commw. 400, 1991 Pa. Commw. LEXIS 333, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stewart-v-commonwealth-pacommwct-1991.