The Georgia Department of Community Health granted Kennestone Hospital a Certificate of Need to establish outpatient surgery facilities in East Cobb County, treating the proposal as “part of a hospital” under a DCH regulation. Northside Hospital challenged the approval, arguing that the regulation’s final sentence—allowing the DCH to determine reviewability case by case in other hospital situations—was unconstitutionally vague. The superior court agreed, and the Court of Appeals affirmed. The Department and Kennestone appealed in consolidated dockets S14G0341 and S14G0346, which presented the same vagueness question. The Supreme Court of Georgia reversed. Reading the regulation within the statutory Certificate of Need framework, the Court held that the case-by-case language gave regulated hospitals fair notice and supplied a legitimate, nonexclusive category for services sufficiently connected to a hospital even when they did not fit the regulation’s specific location and permit examples. The DCH could consider factors including the proposed service’s location and whether it would be included in the hospital’s permit. The Court emphasized that it was deciding only the facial vagueness challenge, not whether the DCH abused its discretion in approving Kennestone’s application. The judgments were reversed, with one Justice not participating and the remaining participating Justices concurring.