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BELL OAKS v. DEPT. OF HEALTH & HOSPITALS

No. 96 CA 1256.

697 So.2d 739 (1997)

BELL OAKS, INC. v. LOUISIANA DEPARTMENT OF HEALTH & HOSPITALS.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied July 24, 1997.

Attorney(s) appearing for the Case

A. Edward Hardin, Joseph A. Prokop, Jr., Baton Rouge, for Plaintiff-Appellee Bell Oaks, Inc.

Mary Dozier O'Brien, Department of Health & Hospitals, Bureau of Legal Services, Baton Rouge, for Defendant-Appellant Louisiana Department of Health & Hospitals.

Before CARTER, LeBLANC and PARRO, JJ.

PARRO, Judge.

The State of Louisiana, through the Department of Health and Hospitals ("DHH"), appeals the judgment of the district court, which ordered it to issue a license to Bell Oaks, Inc. ("Bell Oaks") for a community home serving non-ambulatory mentally retarded adults in Webster Parish, and further ordered DHH not to take any steps to rescind a license it had already issued for such a home to Statewide Community Homes, Inc. ("Statewide").

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