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GREENWOOD MANOR v. DEPT. OF PUBLIC HEALTH

No. 00-0994.

641 N.W.2d 823 (2002)

GREENWOOD MANOR, Lantern Park Nursing and Rehab Center and Parkview Manor, Appellants, v. IOWA DEPARTMENT OF PUBLIC HEALTH, STATE HEALTH FACILITIES COUNCIL, Appellee, and Coralville Manor, RFMS, Inc., Intervenor.

Supreme Court of Iowa.

April 3, 2002.

Attorney(s) appearing for the Case

Robert F. Holz of Davis, Brown, Koehn, Shors & Roberts, P.C., Des Moines, for appellants.

Thomas J. Miller, Attorney General, and Heather L. Adams, Assistant Attorney General, for appellee.

Robert J. Baudino, Jr. and Kelly D. Hamborg of the Baudino Law Firm, P.C., Des Moines, for intervenor.

CADY, Justice.

This appeal requires us to determine whether persons affected by an application for a certificate of need requesting permission to construct a new institutional health facility are entitled to an evidentiary hearing prior to the evaluation of the application by the State Health Facilities Council pursuant to Iowa Code section 135.66 (1999). After holding a public hearing on the application in this case, the Council granted the certificate for construction...

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