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NEHLICH v. S. D. COMPREHENSIVE HEALTH

No. 12768.

290 N.W.2d 477 (1980)

Irene NEHLICH, Dale Roesch, Jerome Fischer, City of Roscoe, Plaintiffs and Appellants, v. SOUTH DAKOTA COMPREHENSIVE HEALTH PLANNING AGENCY et al., Defendants and Appellees.

Supreme Court of South Dakota.

Decided March 26, 1980.

Attorney(s) appearing for the Case

Peter J. Buttaro, Aberdeen, for plaintiffs and appellants.

David O. Carter, Asst. Atty. Gen., Pierre, for defendants and appellees; Mark V. Meierhenry, Atty. Gen., Pierre, on the brief.

FOSHEIM, Justice.

An application for a certificate of need was filed with the South Dakota Secretary of Health asking for permission to construct an intermediate care facility in Roscoe, South Dakota. Following a public hearing and a rehearing, the application was rejected. The circuit court upheld the refusal. We affirm.

While appellants concede that neither the trial court nor this court can substitute its judgment for that of the administrative agency,...

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