MINN. BD. OF HEALTH v. GOV., ETC., APP. BD.

Nos. 45367, 45382, 45506 and 45507.

230 N.W.2d 176 (1975)

MINNESOTA STATE BOARD OF HEALTH, Respondent, v. GOVERNOR'S CERTIFICATE OF NEED APPEAL BOARD, Respondent. Appeal of LYNGBLOMSTEN RETIREMENT CENTER. MINNESOTA STATE BOARD OF HEALTH, Respondent, v. GOVERNOR'S CERTIFICATE OF NEED APPEAL BOARD, Respondent. Appeal of ALLIANCE RESIDENCE INCORPORATED. MINNESOTA STATE BOARD OF HEALTH, Respondent, v. GOVERNOR'S CERTIFICATE OF NEED APPEAL BOARD, Respondent. Appeal of HARMONY NURSING HOME, INC. MINNESOTA STATE BOARD OF HEALTH, Respondent, v. GOVERNOR'S CERTIFICATE OF NEED APPEAL BOARD, Respondent. Appeal of ROSE OF SHARON MANOR, INC.

Supreme Court of Minnesota.

May 23, 1975.


Attorney(s) appearing for the Case

Danna, Hennings, Gilsdorf & Johnson, Charles A. Johnson and John F. Gilsdorf, St. Paul, for Lyngblomsten Ctr.

Maun, Hazel, Green, Hayes, Simon & Aretz, Jerome B. Simon and James A. Gallagher, St. Paul, for Alliance Res. Inc.

Broeker & Bachman and Steven R. Hedges, Minneapolis, for Harmony Nur. Home & Rose of Sharon.

Warren Spannaus, Atty. Gen., Peter W. Sipkins, Sol. Gen., Richard A. Wexler, Special Asst. Atty. Gen., Minneapolis, for State Bd. of Health.

James R. Tschida, St. Paul, for Gov. Board.

Heard before SHERAN, C. J., and TODD, MacLAUGHLIN, YETKA, and SCOTT, JJ., and considered and decided by the court en banc.


TODD, Justice.

Four nursing homes appeal from judgments of the Ramsey County District Court reversing decisions of a Certificate of Need Appeal Board (hereinafter the Appeal Board). The jurisdiction of the district court was invoked by the State Board of Health, which sought judicial review of decisions of the Appeal Board ordering the issuance of certificates of need. We hold that the State Board of Health does not have...

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