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E.H. v. MATIN

No. 21467.

428 S.E.2d 523 (1993)

189 W.Va. 102

E.H., et al., Petitioners Below, Appellees, v. Khan MATIN, et al., Respondents Below, W. Donald Weston, M.D., Acting Director, West Virginia Department of Health and Human Resources, Respondent Below, Appellant, District 1199, The Health Care and Social Service Union-SEIU, AFL-CIO, Intervenor.

Supreme Court of Appeals of West Virginia.

Decided February 25, 1993.

Attorney(s) appearing for the Case

Mario Palumbo, Atty. Gen., Jeffrey K. Matherly, Deputy Atty. Gen., Charleston, for appellees.

Daniel F. Hedges, Charleston, for appellant.

Larry Harless, Evans, for intervenor Dist. 1199, The Health Care and Social Service Union-SEIU, AFL-CIO.

MILLER, Justice:

This is an appeal by the West Virginia Department of Health and Human Resources from a September 1, 1992 order of the Circuit Court of Kanawha County, which enjoined its plan to build a 150-bed mental health facility near Weston, West Virginia. This controversy stems from our earlier decision in E.H. v. Matin, 168 W.Va. 248, 284 S.E.2d 232 (1981), where we held that the State must comply with the detailed...

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