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COPLEY v. DEPARTMENT OF HEALTH & HUMAN

No. 23369.

479 S.E.2d 619 (1996)

198 W.Va. 109

Phyllis COPLEY, Petitioner Below, Appellee, v. DEPARTMENT OF HEALTH AND HUMAN RESOURCES/OFFICE OF HEALTH FACILITY LICENSURE AND CERTIFICATION, Respondent Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided November 15, 1996.

Attorney(s) appearing for the Case

Robert M. Losey, Huntington, for Appellee.

W. Michael Frazier, Frazier & Oxley, L.C., Huntington, for residents of Sunnyvale.

Charlene A. Vaughan, Senior Assistant Attorney General, Charleston, for Appellant.

PER CURIAM:

The appellant in this proceeding, the West Virginia Department of Health and Human Resources/Office of Health Facility Licensure and Certification, refused to issue a license to the appellee, Phyllis Copley, to authorize her to operate a residential board and care home in Cabell County. Phyllis Copley appealed to the Circuit Court of Cabell County, and the circuit court remanded the case for further development. In the present appeal,

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