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ELDERCARE PROPERTIES v. DEPT. OF HUMAN SER.

No. 03-00-00429-CV.

63 S.W.3d 551 (2001)

ELDERCARE PROPERTIES, INC. d/b/a/ Valley Grande Manor, Appellant, v. TEXAS DEPARTMENT OF HUMAN SERVICES and Weslaco Nursing and Rehabilitation Center, Inc., Appellees.

Court of Appeals of Texas, Austin.

December 6, 2001.

Attorney(s) appearing for the Case

Lisa K. Vaughn, Carla J. Cox, Jackson Walker, Austin, for Appellant.

Dewey E. Helmcamp, III, Asst. Atty. Gen., Admin. Law Div., for Appellee Texas Dept. of Human Resources.

Dudley D. McCalla, Heath, Davis & McCalla, Austin, for Appellee Weslaco Nursing and Rehab. Center, Inc.

Before Justices KIDD, B.A. SMITH and PURYEAR.

DAVID PURYEAR, Justice.

Appellant ElderCare Properties, a nursing home in Weslaco, appeals from a summary judgment that the Texas Department of Human Services did not violate any statute or constitutional provision by granting a special commissioner's waiver to ElderCare's competitor, Weslaco Nursing and Rehabilitation Center. ElderCare claims that the trial court erred in granting summary judgment raising three grounds...

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