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WESBURY UNITED METHODIST COM. v. DPW

142 Pa.Commw. 353 (1991)

597 A.2d 271

WESBURY UNITED METHODIST COMMUNITY, Petitioner, v. DEPARTMENT OF PUBLIC WELFARE, Respondent.

Commonwealth Court of Pennsylvania.

Decided September 9, 1991.

Attorney(s) appearing for the Case

Jeffrey K. Millin, for petitioner.

Jason W. Manne, Asst. Counsel, for respondent.

Gerald Gornish, for amici curiae.

Before CRAIG, President Judge, and DOYLE, COLINS, PALLADINO, SMITH, and BYER, JJ.

CRAIG, President Judge.

The salient issue in this case, one of first impression, is whether the Governor of the Commonwealth of Pennsylvania acted contrary to law in instructing the Budget Secretary to disregard the effective date of a raised ceiling for nursing home cost reimbursements authorized by § 443.1 of the Public Welfare Code,1 when that date was stated in an earlier appropriation act.

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