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LEISURE HILLS OF GRAND RAPIDS v. LEVINE

No. C6-84-1968.

366 N.W.2d 302 (1985)

LEISURE HILLS OF GRAND RAPIDS, INC., Appellant, v. Leonard W. LEVINE, Commissioner of Department of Human Services, et al., Respondents.

Court of Appeals of Minnesota.

Review Denied July 11, 1985.

Attorney(s) appearing for the Case

Samuel D. Orbovich, Broeker & Grant, Bloomington, for appellant.

Hubert H. Humphrey, III, Atty. Gen., Elizabeth Cutter, Sp. Asst. Atty. Gen., St. Paul, for respondents.

Heard, considered and decided by POPOVICH, C.J., and NIERENGARTEN and CRIPPEN, JJ.

OPINION

POPOVICH, Chief Judge.

Appellant attempted to appeal per diem medical assistance rate adjustments before the Department of Human Services (DHS). The DHS refused to allow the appeal because it was filed more than 30 days after notification of the adjustments. See Minn.R. 9510.0140 (1983). Appellant's suit for declaratory and injunctive relief was dismissed for failure to state a claim upon which...

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