Frix

Opinion

Arbor Health Care Co. v. Jackson

  • 39 Ohio App. 3d 183
  • 530 N.E.2d 928
  • 1987 Ohio App. LEXIS 10702
Court
Ohio Court of Appeals
Filed
May 14, 1987
Status
Published
Author
Whiteside
On the bench
Strausbaugh, Whiteside, Young
Cited by
37 cases

finding R.C. 3702 provided a special statutory proceeding to apply for a certificate of need and since the procedure outlined in R.C. 3702 is a specialized procedure, declaratory relief is inappropriate

How later courts described this case

  • finding R.C. 3702 provided a special statutory proceeding to apply for a certificate of need and since the procedure outlined in R.C. 3702 is a specialized procedure, declaratory relief is inappropriate
  • finding claims for violations of due process and abuse of discretion and seeking declaratory relief were an improper attempt to bypass a special statutory procedure

Written by the judges who cited it.

The opinion

Whiteside, J.,

concurring. Since the dismissal of the declaratory action was appropriately within the discretion of the common pleas court, the dismissal was proper. However, it does not necessarily follow that the trial court would have abused its discretion had it retained the action. I concur only upon the understanding that we do not determine that issue herein.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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