BETHESDA FOUND. v. DEPT. OF SOC. SERV.

No. 93SC385.

877 P.2d 860 (1994)

BETHESDA FOUNDATION OF NEBRASKA and MTC West, Inc., d/b/a Bethesda Care Centers, d/b/a Bethany Care Center, Petitioners, v. COLORADO DEPARTMENT OF SOCIAL SERVICES; Karen Beye, in her official capacity as Acting Director of the Department of Social Services; Colorado State Board of Social Services; Colorado Department of Administration; and the State of Colorado, Respondents.

Supreme Court of Colorado, En Banc.

July 11, 1994.


Attorney(s) appearing for the Case

Miles & Epstein, P.C., Frederick Miles, Nancy P. Tisdall, Denver, for petitioners.

Gale A. Norton, Atty. Gen., Stephen K. ErkenBrack, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Paul Farley, Deputy Atty. Gen., Wade Livingston, First Asst. Atty. Gen., Human Resources Section, Denver, for respondents.


Justice MULLARKEY delivered the Opinion of the Court.

We granted certiorari to review the decision in Bethesda Foundation of Neb. v. Colorado Dep't of Soc. Services, 867 P.2d 1 (Colo. App.1993), in which the court of appeals held that the district court's judgment, reversing the decision of the administrative law judge (ALJ), was void. The court of appeals concluded that the district...

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