KANSAS DEPT. OF HEALTH & ENVIRONMENT v. BANKS

No. 52,669

230 Kan. 169 (1981)

630 P.2d 1131

In the Matter of the Appeal of Dr. Gilbert Banks. KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT, Appellant, v. DR. GILBERT BANKS, Appellee.

Supreme Court of Kansas.

Opinion filed July 17, 1981.


Attorney(s) appearing for the Case

Emily E. Cameron, of Topeka, argued the cause and was on the brief for the appellant.

Ron Bodinson, of Balloun & Bodinson, Chartered, of Olathe, argued the cause and was on the brief for the appellee.

Richard J. McDonald, of Kahrs, Nelson, Fanning, Hite & Kellogg, of Wichita, was on the brief amicus curiae for Health Systems Agency of Southeast Kansas, Inc.


The opinion of the court was delivered by

PRAGER, J.:

This case involves an administrative determination by the Kansas Department of Health and Environment (KDHE) and the Kansas Corporation Commission (KCC) denying to Dr. Gilbert Banks a certificate of need for a proposed kidney dialysis center in Coffeyville, Kansas. The chronology of events is important and should be briefly stated: On August 27, 1979, Dr. Banks applied to KDHE for the certificate of need...

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