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SHAWNEE MISSION MED. CTR. v. KAN DEPT OF HEALTH & ENV'T

No. 56,278

235 Kan. 983 (1984)

685 P.2d 880

SHAWNEE MISSION MEDICAL CENTER, Appellee, v. KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT, and BARBARA J. SABOL, Secretary, Kansas Department of Health and Environment, Appellants.

Supreme Court of Kansas.

Opinion filed July 13, 1984.

Attorney(s) appearing for the Case

Charles V. Hamm, of Topeka, argued the cause, and Kay Y. Rute, of the Kansas Department of Health and Environment, of Topeka, was on the brief for appellants.

Reid F. Holbrook, of Fallon, Holbrook & Ellis, of Kansas City, argued the cause and John J. Fallon and G. Mark Sappington, of the same firm, were with him on the brief for appellee.

The opinion of the court was delivered by

COOK, District Judge Assigned:

This is an appeal from the judgment of the district court granting a certificate of need to Shawnee Mission Medical Center (Medical Center) after the requested certificate had been denied by the Kansas Department of Health and Environment (KDHE) following an administrative hearing.

The Medical Center is a hospital located in Johnson County and currently has a licensed capacity...

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