MITCHELL MANOR CONVALESCENT HOME v. HEALTH PLANNING COM'N

No. 72169.

808 P.2d 998 (1991)

MITCHELL MANOR CONVALESCENT HOME, INC. d/b/a Mitchell Manor Nursing Home, and Eastern Oklahoma Nursing Homes, Inc. d/b/a Twin City Nursing Center, Appellants, v. OKLAHOMA HEALTH PLANNING COMMISSION, consisting of Joan K. Leavitt, M.D., Chairman, Dorothy Chiles, Member, Dr. J. Frank James, Member, Thomas L. Pate, Member, and Phil Watson, DHS, Member; and Beare's Co., Inc., an Oklahoma corporation d/b/a Beare Manor, Appellees.

Court of Appeals of Oklahoma, Division No. 2.

March 12, 1991.


Attorney(s) appearing for the Case

William C. Bowlby, Oklahoma City, for appellants.

Richard C. Lerblance, Hartshorne, for appellee Beare's Co., Inc.

Robert Henry, Atty. Gen., Janie Simms Hipp, Asst. Atty. Gen., Oklahoma City, for appellee Oklahoma Health Planning Com'n.


Released for Publication by Order of the Court of Appeals of Oklahoma, Division No. 2.

BRIGHTMIRE, Judge.

Challenged here is the trial court's order dismissing the plaintiffs' petition—for review of an agency order granting a certificate of need for new nursing home—on the ground of improper venue.

I

On March 21, 1988, appellee Beare's Co., Inc., filed an application with appellee Oklahoma Health Planning Commission (OHPC),...

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