Department of Public Health v. Rivergate Manor

I agree with the majority that the circuit court properly issued an order of superintending control over the Certificate of Need Board to determine whether the board “ ‘had jurisdiction, whether or not it exceeded that jurisdiction and proceeded according to law.’ ” Genesee Prosecutor v Gen-esee Circuit Judge, 386 Mich 672, 681; 194 NW2d 693 (1972), quoting In re Fredericks, 285 Mich 262, 267; 280 NW 464 (1938). I write separately to express my belief that Rivergate Manor’s request to change subareas, inter alia, did not, as a matter of law, constitute a modification and should have been…