(WALB) - There were several reasons why a Fulton County judge decided to deny the Dougherty County Commission's request for a restraining order on the Certificate of Need for the Lee County Medical Center.
In his order denying the motion, Judge Todd Markle said it's unlikely the commission will have success in the full lawsuit.
The attorney for the Dougherty County Commission and attorney for the Department of Community Health argued before the judge last Tuesday.
The commission is suing the Department of Health, claiming it should not have issued a Certificate of Need for the Lee County Medical Center.
Last Tuesday the attorney for the commission asked the judge to put a restraining order on the case. The judge denied that request.
The order, which was released this week says the state has sovereign immunity, meaning it can not be sued.
The judge also said the lawsuit is an unsettled argument because the CON has already been approved. He went on to say that Dougherty County has not demonstrated the hospital would do harm.
His final comments were that the lawsuit is unlikely to succeed on its merits.
Below is a copy of the judge's decision: