Neb. Rev. Stat. » Chapter 71
Nebraska Revised Statutes

Neb. Rev. Stat. § 71-5865 (2026)

Certificate of need; appeal; burden of proof

✓ current as of July 2026
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In an appeal of a decision to deny a certificate of need, the person requesting the appeal shall bear the burden of proving that the project meets the applicable criteria established in sections 71-5829.03 to 71-5829.06.

Notes of Decisions
Cited in 6 cases, 1986–1998 · leading case: Dep't of Health v. Lutheran Hospitals & Homes Soc'y, 416 N.W.2d 222 (Neb. 1987).
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Dep't of Health v. Lutheran Hospitals & Homes Soc'y, 416 N.W.2d 222 (Neb. 1987). · cites it 4× “Neb.Rev.Stat. § 71-5865 (Reissue 1986). The decision of an appeal board of the Nebraska Certificate of Need Appeal Panel is the final determination of the health department.”
Dep't of Health v. Grand Island Health Care, Inc., 391 N.W.2d 582 (Neb. 1986). · cites it 2× “Neb. Rev. Stat. § 71-5865 (Cum. Supp. 1984).”
Dep't of Health v. Columbia West Corp., 420 N.W.2d 314 (Neb. 1988). “” § 71-5865. It is from the decision of the panel, that the application did meet the applicable criteria, that the appeal was taken to the district court.”
Dep't of Health v. Omaha Assocs., 441 N.W.2d 579 (Neb. 1989). · cites it 3× “” Neb. Rev. Stat. § 71-5865 (Reissue 1986); Department of Health v.”
Gramercy Hill Enter. v. State, 587 N.W.2d 378 (Neb. 1998). “”§ 71-5865. In its order, the district court affirmed the Review Committee’s decision and set forth specific findings, stating that Gramercy had not met several of the criteria for a CON set out in the CON regulations.”
Beverly Enter.-Nebraska, Inc. v. Columbus Health Care, Inc., 510 N.W.2d 569 (Neb. Ct. App. 1993). “§ 71-5865. The decision of an appeal board of the Nebraska Certificate of Need Appeal Panel is the final determination of the Department.”
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