Legal Opinion

In Re the Change of Bed Category of Tieszen Memorial Home, Inc., Marion

South Dakota Supreme Court

Decided January 18, 1984No. 14155-a-JFPublishedCited by 26 opinions

1Opinion of the Court

FOSHEIM, Chief Justice.

The South Dakota Department of Health (Department) appeals a circuit court determination that Tieszen Memorial Home, Inc. (Home) of Marion, South Dakota was not required to obtain a certificate of need. We affirm.

The Home is licensed to operate with thirty-three supervised and thirty-one intermediate personal care beds. It seeks permanent conversion of five supervised to five intermediate beds. The conversion would not require a capital expenditure.

On January 29, 1982, the Home applied for a certificate of need from the Department pursuant to SDCL ch. 34-7A. The…

2Cases cited5 opinions

  1. Nash Finch Co. v. South Dakota Department of RevenueSouth Dakota Supreme Court · 1981
  2. Hot Springs Independent School District No. 10 v. Fall River Landowners Ass'nSouth Dakota Supreme Court · 1978
  3. Lewis v. Annie Creek Mining Co.South Dakota Supreme Court · 1951
  4. Karlen v. JanklowSouth Dakota Supreme Court · 1983
  5. In Re State Sales or Use Tax Liability of Webber Furniture, Scottsbluff, NebraskaSouth Dakota Supreme Court · 1980

3Cited by26 opinions

  1. Permann v. South Dakota Department of Labor, Unemployment Insurance DivisionSouth Dakota Supreme Court · 1987
  2. Petition of Famous Brands, Inc.South Dakota Supreme Court · 1984
  3. Meyerink v. Northwestern Public Service Co.South Dakota Supreme Court · 1986
  4. Johnson v. Skelly Oil Co.South Dakota Supreme Court · 1984
  5. Aliberti v. SolemSouth Dakota Supreme Court · 1988

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