MONK & EXCELSIOR, INC. v. MINN. ST. BD. OF HEALTH

No. 44732.

225 N.W.2d 821 (1975)

MONK AND EXCELSIOR, INC., et al., Appellants, v. MINNESOTA STATE BOARD OF HEALTH, et al., Respondents.

Supreme Court of Minnesota.

January 17, 1975.


Attorney(s) appearing for the Case

Broeker, Bachman & Zerby, John M. Broeker, and Steven R. Hedges, Minneapolis, for appellants.

Warren Spannaus, Atty. Gen., Jonathan H. Morgan, Sol. Gen., Peter W. Sipkins, Asst. Sol. Gen., Richard A. Wexler, Sp. Asst. Atty. Gen., Minneapolis, for respondents.

Heard before ROGOSHESKE, KELLY, and YETKA, JJ., and considered and decided by the court en banc.


YETKA, Justice.

Plaintiffs brought an action for declaratory judgment under Minn.St. c. 555, to determine whether a nursing home they proposed to build in Hopkins, Minnesota, came within the purview of the Minnesota Certificate of Need Act, Minn.St. 145.71 to 145.83, L.1971, c. 628. They appeal from a judgment holding they must obtain a certificate of need under the act. We reverse.

Plaintiff Monk and Excelsior, Inc., is a corporation organized and existing...

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