or before surgery center can be built in illinois a permit knows a certificate need permit must be received from the board developers of the surgery center shot applied for and obtain would permit they eventually built the surgery sad there was a lawsuit after the the permit was issued that the late construction both the state  end of the surgery said it was named as defendants but this delayed the actual completion efficiently though the project was completed and the facility was licensed may fourth two thousand and seven and a half years later the board voted ministry of action against the surgery center alleging and proposing a fine of eight five thousand dollars claiming that their bed a failure to report certain information back to try to prevent your original licensure they didn't do that the borders last year stiction it lost it back in two thousand when it failed to carry the state licensure so this is really kind of a narrow issue in our in our view it's not real complicated we think mary in case the supreme court case answers all the questions on that i think the i'll just finish with up if the  different situation the board is not trying here to do anything that would affect the surgical centers operations  operate or it's not trying to attack that license to operate the board is seeking pending a hearing to impose a fine for violation of permit conditions further allegedly fell into provide some information but the board requested section fourteen point one of the planing act gives the board authority to do that it does not limit wordy by saying that it expires when the permit itself expires what the marion hospital court had before it was a different situation it was one where a construction because of the lawsuit and we're going to incur some extra interest expense then everything would have been on to the order i know what they would have had to do in that situation they have to get approval for that if they're going to exceed it by more than seven percent they actually have to get a new perm so it wouldn't have been ok even even if they had the best reason in the world have to go back before the foreword and get approval again will last if it's less than seven percent they can just see to have that condition altered but if it's going to be greater than seven percent they have to get a here the board wants part of the reason that they have those process is to make sure that the projects they're approving don't involve on pork down the cost of health care and that's part of why the board gets involved looking over the financial situation of these permit applicants so you know i can honestly say a hundred percent with the board but certainly they would take that into account thank you so we believe that marion hospital really deals the statute doesn't impose any such limitation and the potential absurd result would be in this situation the foreword only found out about the  r they were licensed so there are agreements in effect is you didn't catch us before and perhaps could not have caught us before the permit expires so therefore we walk and there's another potential violation and this is not something they're guilty of but are just out of strip illustrates i think the absurdity of imposing this type ship a permit holder could violate the act by not submitting that report a final costs at all that would be a violation but that  necessity would be after the project was completed and after they were a license so the work pretty never enforced that and i think a court truth not read in a limitation to section fourteen  delay in construction because this is litigation not necessarily because the fact that there's an admin review action pending doesn't always delight construction we don't know from this right and i'm not sure if there was any state in this matter and they did go i pad and they apparently obtained the construction the loan knowing that the litigation was going on so they i believe they were aware of this litigation i think by the time the loan highly came through or other time it came through the circuit court already dismissed it but then it went up to the first they commented about section fourteen point one fourteen point one first off i think i might be n and i should've known this before walking in here adopted later but it applied so after the fact but advance has no permit at this point that ended when the project was completed so that's important for this court tender stand number two we has this talk about they didn't know what was to three o five they explained all this the board said we understand it the record to six he said we understood the reasons for the overrun because they were part of the action and on the transcript they said we defer and refer you'll be hearing from our staff that was into power then nothing there was apparently a letter in the in the file in two thousand and two but nothing until two