ALBANY, GA (WALB) - Dougherty Co. Commissioners dismissed their own lawsuit against the Georgia Department of Community Health after months of cumulative litigation.
Commissioners filed a notice of the voluntary dismissal Monday in Fulton County court, canceling the lawsuit.
They filed the lawsuit to challenge the state on its Certificate of Need (CON) issued to the proposed Lee County Medical Center.
Weeks earlier, Dougherty Co. Commissioners filed a request in Fulton Co. court for a restraining order against the state in order to stop the CON process. That request was denied by a Superior Court judge.
Crisp Regional Medical Center in Cordele, GA had also appealed the CON, but later withdrew opposition.
Dougherty Co. Commission Chairman Chris Cohilas previously said the lawsuit was filed to determine "whether or not a Certificate of Need should be granted."
Lee Co. Commissioners have remained vigilant on plans to build the hospital.
Lee Co. Commissioner Billy Mathis previously said the lawsuit was a nuisance. "We're going to build a hospital," he added.
The CON was approved by the state in November 2017. Since then both parties have filed requests for administrative appeals.