Benedictine Sisters Benevolent Ass'n v. Pettersen

OTIS, Justice.

On this appeal from an order and writ of mandamus, the commissioner of health challenges the determination of the district court that his failure to render a decision upon respondent’s application for a certificate of need within the 30-day period specified by Minn.Stat. § 145.838, subd. 1 (Supp. 1979) had the effect of approval of the application, entitling respondent to receive the certificate. We do not so construe this statutory provision and therefore reverse.

In March 1978 respondent, a charitable nonprofit corporation which operates St. Mary’s Hospital in Duluth, initiated…