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CLAY CTY. MANOR v. STATE, D. OF HEALTH

849 S.W.2d 755 (1993)

CLAY COUNTY MANOR, INC., Plaintiff-Appellee, v. STATE of Tennessee, DEPARTMENT OF HEALTH & ENVIRONMENT, Defendant-Appellant.

Supreme Court of Tennessee, at Nashville.

February 22, 1993.

Attorney(s) appearing for the Case

C.J. Gideon, Jr., Gail Vaughn Ashworth and Bryan Essary, Gideon & Wiseman, Nashville, for plaintiff-appellee.

Charles W. Burson, Atty. Gen. & Reporter and Jerry Taylor, Asst. Atty. Gen., Nashville, for defendant-appellant.

Gordon Bonnyman, Legal Services of Middle Tennessee, Nashville, for amicus curiae Jane Doe and the Tennessee Coalition for Nursing Home Reform.

OPINION

DROWOTA, Justice.

This is an appeal from an agency action pursuant to the Uniform Administrative Procedures Act, T.C.A. § 4-5-101 et seq., involving the authority of the Commissioner of Health ("Commissioner"), the chief executive officer of the Department of Health, Defendant-Appellant, to suspend admissions to Clay County Manor, a nursing home, Plaintiff-Appellee. The primary question before the Court is whether there is substantial...

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