OLATHE HOSPITAL FOUNDATION, INC. v. EXTENDICARE, INC.

No. 47,546

217 Kan. 546 (1975)

539 P.2d 1

THE OLATHE HOSPITAL FOUNDATION, INC., a/k/a THE OLATHE COMMUNITY HOSPITAL, and SHAWNEE MISSION MEDICAL CENTER, INC., Appellants, v. EXTENDICARE, INC., THE KANSAS STATE BOARD OF HEALTH, STATE OF KANSAS COORDINATING COUNCIL FOR HEALTH PLANNING, Appellees.

Supreme Court of Kansas.

Opinion filed July 17, 1975.


Attorney(s) appearing for the Case

Leonard O. Thomas, of Weeks, Thomas, Lysaught, Bingham and Mustain, Chartered, of Kansas City, argued the cause, and John O. Somers and David K. Fromme, of the same firm; and George A. Lowe, of Lowe, Lowe and Lowe, of Olathe, were with him on the brief for the appellant, The Olathe Hospital Foundation, Inc.

Thomas A. Sweeny, of Kansas City, Missouri, argued the cause, and Lyndus A. Henry, of Overland Park, was with him on the brief for the appellant, Shawnee Mission Medical Center, Inc.

J. Eugene Balloun, of Payne and Jones, of Olathe, argued the cause, and Ronald L. Bodinson, of the same firm, was with him on the brief for the appellee, Extendicare, Inc.

Wayne T. Stratton and Patrick M. Salsbury, of Goodell, Casey, Briman and Cogswell, of Topeka, were on the brief for amicus curiae, Kansas Hospital Association.


The opinion of the court was delivered by

FOTH, C.:

This appeal involves the "certificate of need" provisions of the Regional Health Programs Act, K.S.A. 65-2a01 et seq. That act provides, among other things, that any person proposing to construct a new hospital to be licensed under the state's health laws must first secure a certificate of need (65-2a09). Such a certificate may be issued by either a regional...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases