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PORTLAND RESIDENCE v. MN. DEPT. OF PUB. WELFARE

No. 48406.

274 N.W.2d 500 (1979)

PORTLAND RESIDENCE, INC., Petitioner, Appellant, v. MINNESOTA DEPARTMENT OF PUBLIC WELFARE, Respondent, and George Gaylord, et al., Intervenors, Respondents.

Supreme Court of Minnesota.

January 12, 1979.

Attorney(s) appearing for the Case

Broeker, Hartfeldt, Hedges & Grant, Steven P. Hedges and William J. Wernz, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., Richard B. Allyn, Sol. Gen., Paul G. Zerby, Asst. Atty. Gen., Richard S. Slowes, Sp. Asst. Atty. Gen., St. Paul, Rebecca Knittle, Legal Advocacy for the Developmentally Disabled of Minnesota, Minneapolis, for respondents.

Heard before ROGOSHESKE, PETERSON, and YETKA, JJ., and considered and decided by the court en banc.

PETERSON, Justice.

Portland Residence, Inc. (Portland), appeals from a judgment and order of the Hennepin County District Court affirming the order of the commissioner of the Department of Public Welfare (DPW) which established the per diem reimbursement rate for Portland's residents.

In December 1975 Portland purchased the residential facility for the mentally retarded owned and operated by Outreach Community Center, Inc. (Outreach). Because the facility...

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