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HIGHLAND CHATEAU v. MN. DEPT. OF PUB. WELFARE

No. C3-84-549.

356 N.W.2d 804 (1984)

HIGHLAND CHATEAU, INC., Appellant, v. MINNESOTA DEPARTMENT OF PUBLIC WELFARE, et al., Respondent.

Court of Appeals of Minnesota.

Review Denied February 6, 1985.

Attorney(s) appearing for the Case

K. Craig Wildfang, Wildfang, Rude, McIntosh, Murray, Chartered, Minneapolis, Sidney P. Abramson, Robins, Zelle, Larson & Kaplan, St. Paul, for appellant.

Hubert H. Humphrey, III, Atty. Gen., Brad P. Engdahl, Sp. Asst. Atty. Gen., St. Paul, John L. Kirwin, St. Paul, for respondent.

Theodore J. Collins, Timothy J. Eiden, Collins, Buckley, Sauntry & Haugh, St. Paul, amici curiae (representing 17 Highland residents/aligned with Highland).

Tonja M. Orr, Kathleen M. Davis, Legal Aid Society of Minneapolis, Minneapolis, amicus curiae (Nursing Home Residents Council/aligned with DPW).

Heard, considered, and decided by LANSING, P.J., and WOZNIAK and FORSBERG, JJ.

OPINION

WOZNIAK, Judge.

Highland Chateau appeals from the January 20, 1984, entry of an adverse summary judgment. Highland challenged DPW's interpretation and enforcement of Minn. Stat. § 256B.48, subd. 1(a), the "rate equalization law." Further, it contended that DPW's application of the statute was unconstitutional as violative of the supremacy clause, the obligation of contracts clause, and the due process and equal protection clauses of the U.S...

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