IN RE CERTIF. OF NEED APP. BY COMMUNITY PSYCHIATRIC CTR

Nos. 55,830, 55,831

234 Kan. 802 (1984)

676 P.2d 107

IN THE MATTER OF THE CERTIFICATE OF NEED APPLICATION BY COMMUNITY PSYCHIATRIC CENTERS, INC., FOR THE DEVELOPMENT OF A FREE-STANDING PSYCHIATRIC HOSPITAL. EXCEPTICON MIDWEST, INC., Appellee, v. KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT, and BARBARA SABOL, Secretary, Kansas Department of Health and Environment, Appellant.

Supreme Court of Kansas.

Opinion filed January 13, 1984.


Attorney(s) appearing for the Case

Emily E. Cameron, of the Kansas Department of Health and Environment, argued the cause, and Wanda J. Wilkinson, also of the KDHE, was with her on the brief for appellant.

J. Eugene Balloun, of Balloun & Bodinson, Chartered, of Olathe, argued the cause, and Ron Bodinson, of the same firm, was with him on the brief for appellee Community Psychiatric Centers, Inc.

Larry Winn, III, of Bennett, Lytle, Wetzler, Winn & Martin, of Prairie Village, and Dennis E. Egan, of Gage & Tucker, of Kansas City, Missouri, argued the cause, and Robert F. Bennett, of Bennett, Lytle, Wetzler, Winn & Martin, of Prairie Village, and Eugene C. Hall, of Gage & Tucker, of Kansas City, Missouri, were with them on the brief for appellee Exception Midwest, Inc.


The opinion of the court was delivered by

LOCKETT, J.:

The Kansas Department of Health and Environment (KDHE) appeals from two district court decisions consolidated for appeal in this court. KDHE denied certificates of need to build psychiatric hospitals to Exception Midwest, Inc. (Excepticon), and Community Psychiatric Centers, Inc. (CPC). In separate cases two different district court judges reversed the KDHE and granted certificates of need to Excepticon...

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