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BOONE COUNTY v. APEX OF ARKANSAS, INC.

No. 85-279.

702 S.W.2d 795 (1986)

288 Ark. 152

BOONE COUNTY, Arkansas, d/b/a Hillcrest Nursing Home et al., Appellants, v. APEX OF ARKANSAS, INC., et al., Appellees.

Supreme Court of Arkansas.

February 3, 1986.

Attorney(s) appearing for the Case

Robert L. Brown, Little Rock, for appellants.

George A. Harper, Special Asst. Atty. Gen., Gill, Skokos, Simpson, Buford & Graham by Harold H. Simpson, II, Little Rock, for appellees.

HICKMAN, Justice.

The Pulaski County Circuit Court issued a writ of mandamus ordering the Arkansas Health Planning and Development Agency to issue certificates of need to eight nursing homes. The court erred in issuing this writ because the matter was still in the process of administrative review and appeal and no clear duty existed to issue the certificates until the procedure was over.

The appellants are the state agency AHPDA ordered to issue the certificates...

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