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NORTHBROOK RESIDENTS ASS'N v. IOWA STATE DEPT.

No. 65054.

298 N.W.2d 330 (1980)

NORTHBROOK RESIDENTS ASSOCIATION, Appellant, v. IOWA STATE DEPARTMENT OF HEALTH OFFICE FOR HEALTH PLANNING AND DEVELOPMENT, State Health Facilities Council, and Discovery Village, Inc., Cross-Appellants.

Supreme Court of Iowa.

Rehearing Denied December 11, 1980.

Attorney(s) appearing for the Case

Robert E. Sosalla, Cedar Rapids, for appellant.

Thomas J. Miller, Atty. Gen., Layne M. Lindebak, Asst. Atty. Gen., and F. James Bradley and Gregory M. Lederer, Cedar Rapids, for cross-appellants.

Considered by LeGRAND, P. J., and HARRIS, McCORMICK, ALLBEE and LARSON, JJ.

HARRIS, Justice.

Discovery Village is a private nonprofit corporation which seeks to construct two eight-bed residential care facilities for mentally retarded adults in a residential area of Cedar Rapids, Iowa. According to section 135.63, The Code 1979, a "certificate of need" must be obtained before any such project can be undertaken. Applications for the certificate are considered by the state health facilities council, established by section 135.62(2), The Code...

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