MERCY HEALTH CENTER v. STATE HEALTH FACILITIES

No. 84-292.

360 N.W.2d 808 (1985)

MERCY HEALTH CENTER, A DIVISION OF SISTERS OF MERCY HEALTH CORPORATION, Appellee, v. STATE HEALTH FACILITIES COUNCIL, Appellant, and Tri-State Convalescent Center, Inc., d/b/a Americana Health Care Center of Dubuque, Iowa, Intervenor-Appellant.

Supreme Court of Iowa.

January 16, 1985.


Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., Jeanine M. Freeman and Maureen McGuire, Asst. Attys. Gen., for appellant state health facilities council.

Edwin N. McIntosh and Lucy J. Gamon of Davis, Hockenberg, Wine, Brown & Koehn, Des Moines, for intervenor-appellant.

Alfred E. Hughes of Hughes, Trannel & Jacobs, Dubuque, and Honigman, Miller, Schwartz & Cohn, Detroit, Mich., for appellee.

Considered by UHLENHOPP, P.J., and HARRIS, McCORMICK, McGIVERIN, and SCHULTZ, JJ.


HARRIS, Justice.

This case turns on the cardinal rule of administrative law: judgment calls are the province of the administrative tribunal and not of the courts. There is obviously much to be said for the plan proposed by the petitioner but it must be sold to the administrative agency. We reverse a district court decision which overturned the administrative determination.

Petitioner Mercy Health Center (Mercy) is a non-profit health care organization which...

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