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MERLE WEST MEDICAL CENTER v. SHPDA

85-482-CV; CA A43532.

764 P.2d 613 (1988)

94 Or.App. 143

MERLE WEST MEDICAL CENTER, an Oregon Non-Profit Corporation, Respondent, v. STATE HEALTH PLANNING AND DEVELOPMENT AGENCY, Appellant.

Court of Appeals of Oregon.

Decided November 23, 1988.

Attorney(s) appearing for the Case

Michael T. Weirich, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Steven A. Zamsky, Klamath Falls, argued the cause for respondent. With him on the brief was Zamsky & Belcher, Klamath Falls.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

DEITS, Judge.

The State Health Planning and Development Agency (SHPDA) appeals a judgment of the trial court reversing its decision that Merle West Medical Center's (petitioner) proposed conversion of 17 acute care beds to 17 skilled nursing facility beds was subject to certificate of need (CON) review by SHPDA pursuant to ORS 442.320(1)(a).1 We hold that the trial court was without jurisdiction...

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