# Fairhaven Corp. v. Tennessee Health Facilities Commission

> Court of Appeals of Tennessee · May 7, 1976 · 566 S.W.2d 885

URL: https://www.frixlaw.com/law-library/cases/9684629

## Case

- **Full name:** FAIRHAVEN CORPORATION, D/B/A Fairhaven Nursing Home, Et Al., Plaintiffs-Appellants, v. TENNESSEE HEALTH FACILITIES COMMISSION Et Al., Defendants-Appellees
- **Court:** Court of Appeals of Tennessee
- **Decided:** May 7, 1976
- **Citations:** 566 S.W.2d 885; 1976 Tenn. App. LEXIS 270
- **Precedential status:** Published
- **Opinion:** Dissent by Todd
- **Judges:** Drowota, Shriver, Todd
- **Cited by:** 50 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/9684629

## How later opinions describe it (automated extraction)

- explaining that the procedural framework for review under both the common law and statutory writs appears in Ch. 9 of Title 27

## Opinion text

TODD, Judge,
dissenting in part.
The conclusions reached in the principal opinion regarding the untimeliness of the petition for statutory review are correct.
However, the petition alleges grounds for common law certiorari in that it is alleged that the Commission acted illegally in procedure which did not conform to due process. In this aspect, it was timely filed and should not be dismissed without inquiry into such grounds.
The provisions of § 53-5415 are not deemed to limit the time for filing certiora-ri in respect to such grounds.
The denial of statutory relief should be affirmed, but the cause should be remanded for further proceedings limited to relief available under the common law writ of certiorari.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9684629. Public record. Not legal advice.