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  5. 752 N.E.2d 185 (2001)
 

IND. DEPT. OF HEALTH v. LEGACY HEALTHCARE, INC.

No. 29A05-0007-CV-308.

752 N.E.2d 185 (2001)

INDIANA STATE DEPARTMENT OF HEALTH, Appellant-Respondent, v. LEGACY HEALTHCARE, INC., d/b/a New Horizon Developmental Center, Appellee-Petitioner.

Court of Appeals of Indiana.

Rehearing Denied September 14, 2001.

Attorney(s) appearing for the Case

Karen M. Freeman-Wilson, Attorney General of Indiana, Jon Laramore, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellant.

William P. Tedards, Jr., Washington, DC, William E. Wendling, Jr., Campbell Kyle Proffitt, Carmel, IN, Attorneys for Appellee.

OPINION

FRIEDLANDER, Judge.

The Indiana State Department of Health (the Department) appeals from an order of the Hamilton Superior Court (the trial court) granting summary judgment in favor of Legacy Healthcare, Inc., doing business as New Horizon Development Center (New Horizon). The sole restated issue in this appeal is whether the trial court erred in so doing.

We reverse.

New Horizon formerly operated an Intermediate Care Facility for...

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