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CITY OF LaMOURE v. STATE HEALTH COUNCIL

Civ. No. 8917.

213 N.W.2d 869 (1973)

CITY OF LaMOURE, a municipal corporation, and C M Corporation, d/b/a Colonial Manor of LaMoure, Appellants, v. STATE HEALTH COUNCIL and State Department of Health of North Dakota, Appellees.

Supreme Court of North Dakota.

December 4, 1973.

Attorney(s) appearing for the Case

Rausch & Chapman, Bismarck, for appellants.

Morris A. Tschider, Special Asst. Atty. Gen., Bismarck, for appellees.

VOGEL, Justice.

In this appeal we construe legislation relating to hospital construction and operation which became effective during the period when the appellants, the City of LaMoure and C M Corporation, were in the process of planning and beginning construction of a hospital for long-term care.

The crucial statute, Section 23-17.2-04, N.D.C.C., effective July 1, 1971, reads:

"No hospital or related medical facility shall be constructed or expanded...

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