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CABINET FOR HUMAN RESOUR. v. PROV. CONVENT

701 S.W.2d 137 (1985)

CABINET FOR HUMAN RESOURCES KENTUCKY HEALTH FACILITIES, Health Services Certificate of Need and Licensure Board, Appellants, v. PROVINCIAL CONVENT OF THE GOOD SHEPHERD, INC., Appellee.

Court of Appeals of Kentucky.

Rehearing Denied September 20, 1985.

Discretionary Review Denied and Opinion Ordered Published by Supreme Court January 7, 1986.

Attorney(s) appearing for the Case

Hughes Walker, Terry Morrison, Cabinet for Human Resources, Frankfort, for appellants.

John C. LaVelle, Richard Meyer, Covington, for appellee.

Before COOPER, HOWERTON and LESTER, JJ.

COOPER, Judge.

This is an appeal from a declaratory judgment action entered for the appellees, plaintiffs below, in which the trial court ruled that the imposition of the provisions of KRS Chapters 216 and 216B and all its attendant regulations upon a private religious convalescent retirement home operated by the appellee was an unconstitutional infringement upon the latter's religious liberty, as well as an unreasonable intrusion of a governmental police power. KRS...

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