Type: News
Date: 08/23/2012

Eric Simon and Mark Jacobs Lead Efforts for Victory in Nursing Home Case

Taft partners Eric M. Simon and Mark R. Jacobs helped our client Green Village Realty win a significant victory in a case that will allow Green Village to build a skilled care nursing facility in Summit County south of Akron.  A competing long-term nursing care facility had fought hard to block the facility’s construction.

Taft attorneys worked with our client through what turned out to be a two-year process, assisting in the preparation of a Certificate of Need (“CON”) application to the Ohio Department of Health, the presentation of the rationale for the application at a Chapter 119 administrative hearing, and defending the decision of the Director of the Ohio Department of Health granting the CON before the Ohio Tenth District Court of Appeals. On August 21, 2012, that court issued its decision, In re Green Village Skilled Nursing Ctr., 2012-Ohio-3769, affirming the Ohio Department of Health’s decision and allowing the project to move forward. 

The Court’s decision stated:
“Appellant, Jarvis Leasing Company, LLC, d.b.a. Pebble Creek Healthcare Center (“appellant”), appeals from an order of the director of the Ohio Department of Health (“the director”), granting a certificate of need (“CON”) to appellee, Green Village Realty, Ltd. (“the applicant”). Because the director’s order is supported by reliable, probative, and substantial evidence and is in accordance with law, we affirm.”

Simon, a partner in the Health & Life Sciences Practice Group, concentrates his practice in the regulatory and business aspects of health care law. He received his J. D. from Cleveland-Marshall College of Law in 1987.

Jacobs, a partner in the Appellate and Litigation Practice Groups, focuses on disputes arising from business mergers and acquisitions, shareholder disputes, business torts, real estate sales and acquisitions, construction disputes, and various other commercial matters. He received his J. D. from The Ohio State University College of Law in 1999.


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