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H.H.N.H. v. DEPT. OF SOCIAL SERVICES

No. 88-388.

451 N.W.2d 374 (1990)

234 Neb. 363

H.H.N.H., INC., Appellant, v. DEPARTMENT OF SOCIAL SERVICES, State of Nebraska, et al., Appellees.

Supreme Court of Nebraska.

February 9, 1990.

Attorney(s) appearing for the Case

Donald H. Bowman and Mark J. Krieger, Lincoln, for appellant.

Robert M. Spire, Atty. Gen., Royce N. Harper, and Melanie J. Whittamore, and Terry Schmitt, Lincoln, for appellees.

HASTINGS, C.J., and BOSLAUGH, WHITE, CAPORALE, SHANAHAN, GRANT, and FAHRNBRUCH, JJ.

CAPORALE, Justice.

Pursuant to Neb.Rev.Stat. § 84-911 (Reissue 1987), plaintiff-appellant H.H.N.H., Inc., sought a declaratory judgment to negate the effect of regulations allowing defendant-appellee Nebraska Department of Social Services to recapture certain depreciation payments the department had made to plaintiff as the operator of a nursing home facility. Plaintiff asserts the district court erred in refusing to declare these regulations unconstitutional...

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