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DEPT. OF HEALTH v. MANOR CARE

No. 88-928.

465 N.W.2d 764 (1991)

237 Neb. 269

DEPARTMENT OF HEALTH, STATE of NEBRASKA, et al., Appellants, v. MANOR CARE, INC., Doing Business as Manor Care of Lincoln, Appellee.

Supreme Court of Nebraska.

February 22, 1991.

Attorney(s) appearing for the Case

Robert M. Spire, Atty. Gen. and Marilyn B. Hutchinson, Lincoln, for appellant Department of Health.

Robert L. Lepp of McGill, Parsonage & Lanphier, P.C., John R. Holdenried, Barbara E. Person of Baird, Holm, McEachen, Pedersen, Hamann & Strasheim, Omaha, Charles M. Pallesen, Jr., and Thomas C. Huston of Cline, Williams, Wright, Johnson & Oldfather, Lincoln, for appellants Milder Manor et al.

Charles V. Sederstrom, of Erickson & Sederstrom, P.C., Omaha, for appellee.

BOSLAUGH, WHITE, SHANAHAN, GRANT, and FAHRNBRUCH, JJ.

SHANAHAN, Justice.

Pursuant to the Nebraska Health Care Certificate of Need Act, Neb.Rev.Stat. §§ 71-5801 et seq. (Reissue 1986), Manor Care, Inc., doing business as Manor Care of Lincoln, filed its application with the Department of Health (Department) for a certificate of need, namely, authorization for construction and operation of a 120-bed nursing home in Lincoln, Lancaster County, Nebraska.

The Certificate of Need Review Committee adopted the...

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