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BEATRICE MANOR, INC. v. DEPT. OF HEALTH

No. 83-869.

362 N.W.2d 45 (1985)

219 Neb. 141

BEATRICE MANOR, INC., Appellee, v. DEPARTMENT OF HEALTH, STATE of Nebraska, et al., Appellants.

Supreme Court of Nebraska.

February 1, 1985.

Attorney(s) appearing for the Case

Paul L. Douglas, Atty. Gen., and Marilyn B. Hutchinson, Asst. Atty. Gen., for appellants.

John R. Holdenried of Baird, Holm, McEachen, Pedersen, Hamann & Strasheim, Omaha, for appellee.

KRIVOSHA, C.J., and BOSLAUGH, WHITE, HASTINGS, CAPORALE, SHANAHAN, and GRANT, JJ.

HASTINGS, Justice.

This appeal involves a February 13, 1980, application by the plaintiff seeking permission from the Department of Health to build a 23-bed addition to a health care center facility for the elderly in Beatrice. The application was filed pursuant to the Nebraska Health Care Certificate of Need Act, Neb.Rev.Stat. §§ 71-5801 to 71-5872 (Reissue 1981).

This application was denied by the department by letter dated August 5, 1980, primarily...

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