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PUBLIC HEALTH DEPT. v. RIVERGATE MANOR

Docket No. 100631, Calendar No. 10.

550 N.W.2d 515 (1996)

452 Mich. 495

PUBLIC HEALTH DEPARTMENT, Plaintiff-Appellee, v. RIVERGATE MANOR and Senior Services Development Associates, Defendants-Appellants, and Certificate of Need Board, Defendant.

Supreme Court of Michigan.

Decided July 16, 1996.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and Ronald J. Styka, Assistant Attorney General, Lansing, for plaintiff.

Sommers, Schwartz, Silver & Schwartz, P.C. by Patrick Burkett, Southfield, and Cook, Goetz & Rogers, P.C. by John A. Cook, Bloomfield Hills, for defendants.

OPINION

LEVIN, Justice.

We granted leave to appeal to decide whether the circuit court erred in entering an order of superintending control, declaring that the Certificate of Need Board of the Department of Public Health acted "without authority" in granting Rivergate Manor's request for modification of a certificate of need issued by the board. The Court of Appeals, in an unpublished opinion,1 affirmed the decision of the circuit...

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