Baird v. Axelrod

Kane, J. (dissenting).

This case presents a simple, but very serious, issue involving the limits of governmental control over private independent enterprise. It is conceded that petitioner is fully qualified by character, competence *974and financial ability to operate and maintain a skilled nursing home facility and that he has operated this facility since 1953; that he was licensed as a 30-bed facility, but as a result of modifications and improvements made in 1965 to comply with respondent’s Life Safety Code, his capacity was reduced to 28 beds; and that he has never participated in the…