Good Shepherd Health Facilities of Colorado, Inc. v. Department of Health

Judge PIERCE

dissenting.

I dissent from the conclusion reached by the majority in this case. It is my view that the legislation, as enacted by the General Assembly and augmented by the regulations of the Department of Social Services, sets forth a rational scheme which, while not as equitable as the plan devised by the majority, dictates the result which must be reached in this case.

Contrary to the ruling of the trial court, a receiver appointed pursuant to § 25-3-108 acts to preserve the health care facility in accordance with established principles of receivership law. Section 25-3-108(8),…