Illinois Appellate Court
Civil Court
Administrative Review
Plaintiff filed application for certificate of need to construct new nursing-home facility; 3 local nursing homes opposed the application. Board denied application, and circuit court reversed denial. Board's conclusion that Plaintiff's application did not meet all applicable criteria was not clearly erroneous; Board had discretion to grant or deny permit given noncompliance of application. Board detailed number of existing facilities nearby that were operating below target utilization rate. Decision whether to overlook noncompliance with current utilization criteria requires Board to evaluate each project individually and as a whole. (JORGENSEN and SPENCE, concurring.)