HERITAGE MANOR, INC. v. DSS

Docket No. 186619.

554 N.W.2d 388 (1996)

218 Mich. App. 608

HERITAGE MANOR, INC., Plaintiff-Appellant, v. DEPARTMENT OF SOCIAL SERVICES, Defendant-Appellee.

Court of Appeals of Michigan.

Decided September 6, 1996, at 9:05 a.m.

Released for Publication October 25, 1996.


Attorney(s) appearing for the Case

David Lebenbom, P.C. by Andrew R. Rothman, Troy, for plaintiff.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and Richard T. O'Neill, Assistant Attorney General, for defendant.

Before NEFF, P.J., and FITZGERALD and C.A. NELSON, JJ.


NEFF, Presiding Judge.

Plaintiff appeals as of right from the order dismissing its action for superintending control and declaratory relief. Plaintiff, a corporation operating a state licensed nursing home that participates in Medicaid, sought to avoid a civil fine, asserting that the penalty was invalid because it was not supported by state legislation or a properly promulgated administrative rule. The fine was based on a bulletin that defendant published in compliance...

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