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EVERGREEN PRESBYTERIAN MINISTRIES, INC. v. LA. DEPT. OF HEALTH AND HOSPITALS

No. 2000 CA 0852.

808 So.2d 681 (2001)

EVERGREEN PRESBYTERIAN MINISTRIES, INC., Pointe Coupee Health Service District One D/B/A/ Pointe Coupee General Hospital and Hospital Service District No. 1 of Avoyelles Parish D/B/A Bunkie General Hospital v. LOUISIANA DEPARTMENT OF HEALTH AND HOSPITALS

Court of Appeal of Louisiana, First Circuit.

June 22, 2001.

Attorney(s) appearing for the Case

Michael M. Meunier, New Orleans, for Plaintiffs/Appellants, Evergreen Presbyterian Ministries, Inc., et al.

Stephen R. Russo, Baton Rouge, for Defendant/Appellee, Louisiana Dept. of Health and Hospitals.

Before: GONZALES, PETTIGREW, SEXTON, JJ.

SEXTON, J.

This is an appeal from a trial court judgment sustaining a declinatory exception pleading the objection of lack of subject matter jurisdiction. We affirm.

FACTS AND PROCEDURAL HISTORY

On February 18, 2000, plaintiff, Evergreen Presbyterian Ministries, Inc. ("Evergreen"), filed a petition seeking injunction and declaratory relief against the Louisiana Department of Health and Hospitals ("DHH") to prevent the implementation of a plan for...

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