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COLO. HEALTH FAC. REV. COUNCIL v. DIST. CT.

Nos. 84SA187, 84SA188.

689 P.2d 617 (1984)

COLORADO HEALTH FACILITIES REVIEW COUNCIL, Petitioner, Swedish Health Corporation, Co-Petitioner, v. DISTRICT COURT In and For the CITY AND COUNTY OF DENVER, and the Honorable Daniel B. Sparr, District Court Judge, Respondents. COLORADO BOARD OF HEALTH, Petitioner, Swedish Health Corporation, Co-Petitioner, v. DISTRICT COURT In and For the CITY AND COUNTY OF DENVER, and the Honorable Daniel B. Sparr, in his capacity as District Court Judge, Respondents.

Supreme Court of Colorado, En Banc.

October 22, 1984.

Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Anthony Marquez, Asst. Atty. Gen., Denver, for petitioner.

Robert E. Youle, Paul C. Daw, Daniel E. Klaus, Sherman & Howard, Denver, for co-petitioner.

Michael W. Lillie, Richard L. Thorgren, Mary H. Rudolph, Hughes & Dorsey, Dirk W. deRoos, Elizabeth MacDonald, Kutak, Rock & Huie, Richard L. Schrepferman, Vicki E. Baer, Holme, Roberts & Owen, Tucker K. Trautman, Margaret L. Toal-Rossi, Ireland, Stapleton, Pryor & Pascoe, P.C., Denver, for respondents.

DUBOFSKY, Justice.

In this original proceeding, we issued a rule to show cause why a complaint filed in Denver District Court by several Denver hospitals requesting interlocutory review of a Colorado Board of Health (board of health) order should not be dismissed for lack of subject matter jurisdiction. The respondent district court denied the board's motion to dismiss the hospitals' complaint and retained jurisdiction to review a board order remanding to a hearing...

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