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IN RE PROVIDENCE-ST. MARGARET HEALTH CENTER

No. 54,539

232 Kan. 787 (1983)

659 P.2d 199

IN THE MATTER OF THE REVIEW OF THE DECISION OF THE KANSAS CORPORATION COMMISSION GRANTING A CERTIFICATE OF NEED TO PROVIDENCE-ST. MARGARET HEALTH CENTER OF KANSAS CITY, KANSAS, FOR A SIX-MEGAVOLT LINEAR ACCELERATOR.

Supreme Court of Kansas.

Opinion filed February 19, 1983.

Attorney(s) appearing for the Case

David K. Fromme, of Weeks, Thomas & Lysaught, Chartered, of Kansas City, argued the cause, and Leonard O. Thomas, of the same firm, was with him on the briefs for the appellant Bethany Medical Center.

Robert A. DeCoursey, of Kansas City, argued the cause and was on the brief for the appellee Providence-St. Margaret Health Center.

Emily E. Cameron, special assistant attorney general, was on the amicus curiae brief for the Kansas Department of Health and Environment.

The opinion of the court was delivered by

FLOYD H. COFFMAN, District Judge, Assigned:

This is an appeal from the order of the trial court sustaining the order of the Kansas Corporation Commission (KCC) which reversed the Secretary of the Kansas Department of Health and Environment's (KDHE or Secretary) Order Denying Certificate of Need on the application of Providence-St. Margaret Health Center (applicant) for a 6 megavolt linear accelerator (6 MeV). The principal...

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