# Arbor Health Care Co. v. Jackson

> Ohio Court of Appeals · May 14, 1987 · 39 Ohio App. 3d 183

URL: https://www.frixlaw.com/law-library/cases/3701339

## Case

- **Full name:** Arbor Health Care Company, Appellant, v. Jackson, Dir., Appellee
- **Court:** Ohio Court of Appeals
- **Decided:** May 14, 1987
- **Citations:** 39 Ohio App. 3d 183; 530 N.E.2d 928; 1987 Ohio App. LEXIS 10702
- **Precedential status:** Published
- **Opinion:** Concurrence by Whiteside
- **Judges:** Strausbaugh, Whiteside, Young
- **Cited by:** 37 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3701339

## How later opinions describe it (automated extraction)

- 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

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3701339. Public record. Not legal advice.