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OLATHE COMMUNITY HOSPITAL v. KANSAS CORPORATION COMM'N

No. 54,899

232 Kan. 161 (1982)

652 P.2d 726

OLATHE COMMUNITY HOSPITAL, Petitioner, v. KANSAS CORPORATION COMMISSION, HUMANA, INC., HUMANA OF KANSAS, INC., SUBURBAN MEDICAL CENTER, and SECRETARY OF THE KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT, Respondents.

Supreme Court of Kansas.

Opinion filed October 22, 1982.

Attorney(s) appearing for the Case

George A. Lowe, of Lowe, Terry & Roberts, of Olathe, and Christopher B. Bacon, of the same firm, for petitioner.

Brian J. Moline, general counsel, of Topeka, for respondent Kansas Corporation Commission.

Emily E. Cameron and Robert Corbett, of Topeka, for respondent Kansas Department of Health and Environment.

J. Eugene Balloun, of Balloun & Bodinson, Chartered, of Olathe, and Ron Bodinson, of the same firm, for respondents Humana, Inc., Humana of Kansas, Inc. and Suburban Medical Center.

The opinion of the court was delivered by

HOLMES, J.:

This is an original action in mandamus filed by Olathe Community Hospital seeking a determination of the applicable appeal statute in an appeal from an order of the Secretary of the Kansas Department of Health and Environment (KDHE) granting the petitioner's request for a certificate of need pursuant to K.S.A. 65-4801 et seq. This court assumed jurisdiction by an order entered August 30, 1982.

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