Legal Opinion

Minnesota Ass'n of Homes for the Aging v. Department of Human Services

Court of Appeals of Minnesota

Decided April 15, 1986No. C5-85-1891PublishedCited by 6 opinions

1Opinion of the Court

OPINION

FORSBERG, Judge.

Relators seek a judgment pursuant to Minn.Stat. § 14.44 (1984) declaring Minn.R. 9549.0060, subp. ll.C.(3) invalid because it exceeds the Minnesota Department of Human Services’ statutory authority and was adopted without compliance with rulemak-ing requirements. Relators also seek to have the Minnesota Department of Human Services’ interpretation and application of Minn.Stat. § 256B.431, subd. 4, as amended by 1985 Minn.Laws, First Special Session, ch. 3, § 31, declared invalid. We affirm.

FACTS

Relators represent nursing homes throughout the state. Nursing home costs…

2Cases cited4 opinions

  1. Manufactured Housing Institute v. PettersenSupreme Court of Minnesota · 1984
  2. Minnesota-Dakotas Retail Hardware Ass'n v. StateSupreme Court of Minnesota · 1979
  3. Blocher Outdoor Advertising Co. v. Minnesota Department of TransportationCourt of Appeals of Minnesota · 1984
  4. L.K. v. GreggCourt of Appeals of Minnesota · 1986

3Cited by6 opinions

  1. Minnesota Chamber of Commerce v. Minnesota Pollution Control AgencyCourt of Appeals of Minnesota · 1991
  2. Contested Case of Christian Nursing Center v. Department of Human ServicesCourt of Appeals of Minnesota · 1988
  3. City of Morton v. Minnesota Pollution Control AgencyCourt of Appeals of Minnesota · 1989
  4. Minnesota Education Ass'n v. Minnesota State Board of EducationCourt of Appeals of Minnesota · 1993
  5. Jewish Community Action v. Commissioner of Public SafetyCourt of Appeals of Minnesota · 2003

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