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THERAPEUTIC COM. RESIDENCE v. DEPT. OF HEALTH

No. CX-83-1266.

351 N.W.2d 647 (1984)

THERAPEUTIC COMMUNITY RESIDENCE, Relator, v. MINNESOTA DEPARTMENT OF HEALTH, Respondent.

Court of Appeals of Minnesota.

June 19, 1984.

Attorney(s) appearing for the Case

Charles C. Jensch, St. Paul, for relator.

Hubert H. Humphrey, III, Atty. Gen., Richard A. Wexler, Asst. Atty. Gen., St. Paul, for respondent.

Heard, considered and decided by POPOVICH, C.J., and FORSBERG and RANDALL, JJ.

OPINION

FORSBERG, Judge.

Petitioner is appealing from a decision of a hearing examiner from the State Office of Administrative Hearings which affirmed a decision by the Commissioner of Health denying the petitioner's request for a Certificate of Need under Minn.Stat. § 145.832 et seq. We reverse.

FACTS

On February 23, 1982, Therapeutic Community Residence (TCR) filed a notice of intent and an application for development of a...

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