HUNTINGTON – Steel of West Virginia has filed a voluntary dismissal of its appeal of Cabell Huntington Hospital’s acquisition of St. Mary’s Medical Center.

Steel of West Virginia filed the voluntary dismissal on Oct. 18 in Kanawha Circuit Court, asking that the case be stricken from the court’s docket.

The CEO and President of Steel of West Virginia released a statement, saying that the merger was bad for the city.

Duke said that unfortunately, not enough people stepped up to stop the merger from happening.

In August, Steel filed its appeal, alleging that the West Virginia Health Care Authority erred in deciding to grant the agreement.

Cabell filed a motion to dismiss the petition for appeal on Aug. 2. WVHCA filed a motion to dismiss on Aug. 10.

In its motion to dismiss the petition for appeal, Cabell Huntington argues that Kanawha Circuit Court has no jurisdiction over the case because state law requires Health Care Authority decisions to be appealed in the Office of Judges' Bureau of Employment Programs.

In 2014, the Pallottine Sisters announced plans to sell the hospital. Cabell began the acquisition then.

In November 2014, a transfer agreement was signed between the two hospitals. The WVHCA approved the hospital’s certificate of need in January and approved the cooperative agreement in June.

Steel of West Virginia has listed six “errors of fact and law” it alleges the WVHCA made when it approved the cooperative agreement.

The case was originally filed on July 22.

Steel is represented by Joseph M. Ward, Carte P. Goodwin and Marianne Kapinos of Goodwin & Goodwin.

Kanawha Circuit Court case number: 16-AA-56

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