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COX v. DHSS

Nos. 93-0336, 93-0337.

184 Wis.2d 309 (1994)

517 N.W.2d 526

Robert W. COX and Clarence C. Swank, Petitioners-Appellants-Cross Respondents, Gladys SWANK, Petitioner, v. Wisconsin DEPARTMENT OF HEALTH & SOCIAL SERVICES, Respondent-Respondent-Cross Appellant, BEVERLY ENTERPRISES-WISCONSIN, INC., Intervenor-Respondent-Respondent. Joseph WALTHER and Darryl Hoffman, Petitioners-Appellants-Cross Respondents, v. Wisconsin DEPARTMENT OF HEALTH & SOCIAL SERVICES, Respondent-Respondent-Cross Appellant, BEVERLY ENTERPRISES-WISCONSIN, INC., Intervenor-Respondent-Respondent.

Court of Appeals of Wisconsin.

Decided April 27, 1994.

Attorney(s) appearing for the Case

On behalf of the petitioners-appellants-cross respondents Robert W. Cox and Clarence C. Swank, the cause was submitted on the briefs and oral argument Jeffery R. Myer and David P. Cohn of Legal Action of Wisconsin, Inc., Milwaukee. Jeffrey R. Myer appeared and argued at oral argument.

On behalf of the petitioners-appellants-cross respondents Joseph Walther and Darryl Hoffman, the cause was submitted on the briefs of Roy Froemming of the Wisconsin Coalition for Advocacy, Inc., Madison.

On behalf of the respondent-respondent-cross appellant, the cause was submitted on the briefs of James E. Doyle, attorney general and F. Thomas Creeron III, assistant attorney general.

On behalf of the intervenor-respondent-respondent, the cause was submitted on the brief and oral argument of Maureen A. Molony and Katherine L. Williams, Beck, Chaet, Loomis, Molony & Bamberger, S.C. of Madison. Maureen A. Molony appeared and argued at oral argument.

Before Anderson, P.J., Nettesheim and Snyder, JJ.

ANDERSON, P.J.

Robert W. Cox, Clarence C. Swank, Joseph Walther and Darryl Hoffman (collectively Cox) appeal from the decision of the trial court dismissing their petition for judicial review. The trial court determined that Cox did not have standing to seek judicial review of the decision of the Wisconsin Department of Health and Social Services transferring a license for an eighty-bed nursing home from Kenosha County to Milwaukee County. DHSS cross-appeals from...

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