Olathe Hospital Foundation, Inc. v. Extendicare, Inc.

The opinion of the court was delivered by

Foth, C.:

This appeal involves the “certificate of need” provisions of the Regional Health Programs Act, K. S. A. 65-2a01 et seq. That act provides, among other things, that any person proposing to construct a new hospital to be licensed under the state’s health laws must first secure a certificate of need (65-2a09). Such a certificate may be issued by either a regional “planning agency” established or designated under the act, or by an “appeals panel” on appeal from the action of a planning agency (65-2a06). Either the applicant for the certificate of…