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ARKANSAS HEALTH SERVICES v. REGIONAL CARE FACILITIES, INC.

No. 01-1106.

93 S.W.3d 672 (2002)

351 Ark. 331

ARKANSAS HEALTH SERVICES COMMISSION; Arkansas Health Services Agency; Sandra Winston, in Her Official Capacity as Director of the Arkansas Health Services Agency, v. REGIONAL CARE FACILITIES, INC.

Supreme Court of Arkansas.

December 19, 2002.

Attorney(s) appearing for the Case

Mark Pryor, Att'y Gen., by: Warren T. Readnour, Ass't Att'y Gen., for appellant.

Pam Roberts; and Hilburn, Calhoon, Harper, Pruniski & Calhoon, Ltd., by: Sam Hilburn, Little Rock, for appellee.

TOM GLAZE, Justice.

The State has appealed from the trial court's granting of summary judgment in favor of Regional Care Facilities, Inc., a Benton County-based company that applied for a permit to construct a nursing home in Benton County. This appeal presents a question of whether a rule adopted by the Arkansas Health Services Commission constitutes special or local legislation in violation of Ark. Const. amend. 14; our jurisdiction arises under Ark. Sup.Ct. R....

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