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HERITAGE OF YANKTON v. DEPT. OF HEALTH

No. 15992.

432 N.W.2d 68 (1988)

HERITAGE OF YANKTON, INC., d/b/a Yankton Care Center, a South Dakota Corporation, Plaintiff and Appellant, v. SOUTH DAKOTA DEPARTMENT OF HEALTH; Lawrence J. Massa, Department Secretary, Defendants and Appellees.

Supreme Court of South Dakota.

Decided November 23, 1988.

Attorney(s) appearing for the Case

Robert L. Lepp of McGill, Koley, Parsonage & Lanphier, P.C., Omaha, Neb., and Craig A. Kennedy of Doyle and Kennedy, Yankton, for plaintiff and appellant.

Mark A. Moreno, Sp. Asst. Atty. Gen., Pierre, for defendants and appellees.

SABERS, Justice.

Heritage of Yankton (Heritage) appeals a circuit court order affirming the South Dakota Department of Health's (Department) denial of an application for a certificate of need (CON).

Facts

Heritage filed a CON application with the Department on October 31, 1984, to construct an addition for thirty intermediate care beds and renovate its existing nursing home facility in Yankton, South Dakota. Following a public hearing held...

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