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ARKANSAS HEALTH SERVICES AGCY. v. DESIDERATA, INC.

No. 97-259.

958 S.W.2d 7 (1998)

331 Ark. 144

ARKANSAS HEALTH SERVICES AGENCY and Arkansas Health Services Commission; Arkansas Health Care Association, Intervenor, Appellants, v. DESIDERATA, INC., Appellee.

Supreme Court of Arkansas.

January 22, 1998.

Attorney(s) appearing for the Case

Winston Bryant, Atty. Gen., by: Vicki M. Pickering, Asst. Atty. Gen., Glen Hooks, Asst. Atty. Gen., for Appellants.

Friday, Eldredge & Clark, by: Bill S. Clark, for Appellee.

Meeks & Jernigan, P.A., by: George O. Jernigan, Jr., for Intervenor-appellant.

TOM GLAZE, Justice.

In 1994, Desiderata filed an application with the Arkansas Health Services Agency, requesting a permit of approval for a new 70-bed nursing home to be constructed near Maumelle. Desiderata's application provided that the proposed home is intended to serve developmentally disabled and mentally retarded elderly persons, as well as those diagnosed with Alzheimers and HIV. Its application also proposed to serve members of what is referred to as the...

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