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LAURA BAKER SCHOOL v. DEPT. OF HUMAN SERV.

No. C8-85-833.

393 N.W.2d 364 (1986)

In the Matter of the Contested Case of LAURA BAKER SCHOOL ASSOCIATION, Respondent, v. DEPARTMENT OF HUMAN SERVICES, Petitioner, Appellant.

Supreme Court of Minnesota.

September 19, 1986.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Deborah L. Huskins, Sp. Asst. Atty. Gen., St. Paul, for appellant.

Curtis D. Forslund, Lynne E. Stanley, Minneapolis, for respondent.

Allan Baumgarten, Office of the Legislative Auditor, St. Paul, for amicus curiae.

Heard, considered and decided by the court en banc.

COYNE, Justice.

We have granted the petition of the Minnesota department of human services for review of the court of appeals' decision that Laura Baker School Association may apply to the department of health for certification as an intermediate care facility for the mentally retarded without first securing a determination of need from the department of human services, 377 N.W.2d 465. We reverse the decision of the court of appeals...

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