History:
L. 1976, ch. 280, § 16; L. 1978, ch. 260, § 9; L. 1982, ch. 272, § 7; Repealed, L. 1997, ch. 16, § 1; July 1.
CASE ANNOTATIONS
1. "Potentially adversely affected health facility" construed; proper parties for appeal determined. Suburban Medical Center v. Olathe Community Hosp., 226 Kan. 320, 326, 332, 597 P.2d 654.
2. Cited; court cannot try case de novo in review of denial of certificate of need. Kansas Dept. of Health & Environment v. Banks, 230 Kan. 169, 171, 630 P.2d 1131 (1981).
3. Judicial review is of K.C.C. order, not K.D.H.E. order. In re Bethany Medical Center, 230 Kan. 201, 203, 207, 630 P.2d 1136 (1981).
4. Review of KDHE administrative decision limited to fraudulent, arbitrary or capricious acts, support of substantial evidence and scope of authority. In re Certif. of Need App. by Community Psychiatric Centers, Inc., 234 Kan. 802, 804, 806, 676 P.2d 107 (1984).
5. Three standards of judicial review restated; court may not reweigh evidence nor substitute judgment. Shawnee Mission Medical Center v. Kansas Dept. of Health & Environment, 235 Kan. 983, 988, 695 P.2d 880 (1984).
Suburban Med. Ctr. v. Olathe Cmty. Hosp., 597 P.2d 654 (Kan. 1979). · cites it 2דWe hold Suburban was a proper party to the SHCC proceeding, and therefore had the right to seek judicial review of the SHCC decision pursuant to K.S.A. 1976 Supp. 65-4816. Before proceeding further we need to discuss the purpose of health facility planning legislation.”
Excepticon Midwest, Inc. v. Kansas Dep't of Health & Env't, 676 P.2d 107 (Kan. 1984). · cites it 2דExcepticon and CPC separately appealed the decision to the Johnson County District Court pursuant to K.S.A. 1982 Supp. 65-4816. The separate appeals were assigned to different divisions of the Johnson County District Court.”
Kansas Dep't of Health & Env't v. Banks, 630 P.2d 1131 (Kan. 1981). “An adverse decision by the KCC may be appealed to the district court of the county in which the proposed health facility is to be located (K.S.A. 65-4816). As noted above, in this case the applicant-doctor appealed to the KCC which upheld the findings of KDHE.”
Shawnee Mission Med. Ctr. v. Kansas Dep't of Health & Env't, 685 P.2d 880 (Kan. 1984). · cites it 2דThe following day the Medical Center appealed her decision to the District Court of Johnson County, pursuant to K.S.A. 1983 Supp. 65-4816. After pretrial conference on June 10, 1983, Judge *987 Janette Howard allowed the Medical Center to conduct limited discovery.”
Shawnee Mission Med. Ctr. v. KAN DEPT OF HEALTH & ENV'T, 685 P.2d 880 (Kan. 1984). · cites it 2דThe following day the Medical Center appealed her decision to the District Court of Johnson County, pursuant to K.S.A. 1983 Supp. 65-4816. After pretrial conference on June 10, 1983, Judge *987 Janette Howard allowed the Medical Center to conduct limited discovery.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.