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MERRY HEART NURS. & CONV. HOME v. DOUGHERTY

131 N.J. Super. 412 (1974)

330 A.2d 370

MERRY HEART NURSING AND CONVALESCENT HOME, INC., PLAINTIFF-APPELLANT, v. WILLIAM J. DOUGHERTY, ACTING COMMISSIONER, N.J. STATE DEPARTMENT OF HEALTH; HEALTH CARE ADMINISTRATION BOARD OF THE DEPARTMENT OF HEALTH, STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 4, 1974.

Attorney(s) appearing for the Case

Mr. Leonard A. Coyle argued the cause for appellant.

Mr. Jonathan Weiner, Deputy Attorney General, argued the cause for respondents (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. Stephen Skillman, Assistant Attorney General, of counsel).

Before Judges LEONARD, SEIDMAN and BISCHOFF.

The opinion of the Court was delivered by BISCHOFF, J.A.D.

Plaintiff-appellant operates a private nursing home in Succasunna, Roxbury Township, Morris County, and has a licensed capacity of 61 beds. On March 21, 1972 plaintiff submitted an application to the New Jersey Department of Health pursuant to N.J.S.A. 26:2H-10, seeking a certificate of need granting permission to add 34 beds to its facilities. By letter...

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