Hinckley Allen successfully represented Birch Hill Recovery Center, a substance abuse center seeking to build a facility in Kent, Connecticut, in a complicated contested matter spanning six years. In 2019, an existing substance abuse treatment facility, High Watch, challenged Birch Hill’s application for a Certificate of Need (CON), which would allow Birch Hill to operate. The Connecticut Department of Public Health granted Birch Hill’s CON application, and High Watch appealed the administrative decision to the Superior Court, Connecticut’s trial court. The court dismissed the case for lack of subject matter jurisdiction, concluding that High Watch was not appealing from a final decision in a contested case. High Watch appealed, and the Appellate Court affirmed the decision of the trial court. However, the Connecticut Supreme Court agreed with High Watch, concluded that there was a final decision, and reversed the dismissal. The Supreme Court remanded the case to the trial court in 2023.
Once back in the trial court, Birch Hill again moved to dismiss, arguing that High Watch was not aggrieved by the decision granting Birch Hill its CON, a requirement for standing to appeal an administrative decision. The trial court agreed and dismissed the case again.
High Watch appealed to the Appellate Court, and the Supreme Court transferred the case to itself, bypassing a ruling from the Appellate Court.
After oral argument, the Connecticut Supreme Court issued a decision on August 4, siding with Birch Hill and holding that High Watch was not aggrieved and therefore did not have standing to challenge the CON issued to Birch Hill. The Court agreed with Birch Hill’s argument that High Watch was appealing the issuance of Birch Hill’s CON based on High Watch’s role as a competing facility, and the statute under which the CON was issued does not require consideration of the interests of competitors. Therefore, High Watch was not aggrieved by the issuance of the CON and had no right to appeal it.
The Supreme Court’s decision will allow Birch Hill to move forward with the development of its proposed facility, which it has been seeking to do since at least 2019. Birch Hill Recovery Center will be providing substance abuse treatment services across 85 beds incorporating Medical Triage, Detoxification and Residential services in a newly renovated facility located on 11.5 acres in Kent, CT. The facility will offer an innovative medical and clinical platform that will include the region’s only ASAM Level 4.0 Medically Managed Detoxification and Triage unit, providing assistance to more acute patients without the need for outside hospitalization and medical clearance.
Media Coverage: Law360, Conn. Justices Block Rehab Center’s Bid To Halt Rival Permit (subscription required)
