Public-domain · open source
OpenJurist
← 723 SO2D 75 - Forest Manor, Inc. v. SHPDA

Forest Manor, Inc. v. SHPDA’s Empirical Analysis

1998

Citation profile

6
cited by 6 later decisions
1
states following
June 2016
most recently cited

6 state decisions

Relationships

Relies on Voinovich v. Quilter · National Labor Relations Board v. Interboro Contractors, Inc. · Mobile Liners, Inc. v. McConnell · Illinois v. United States · State Health Planning v. Rivendell of Ala.

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “[T]he ALJ’s recommendation is not a binding order on the parties, and the SHPDA regulations do not require that the CONRB give any deference to an ALJ’s recommendation.” '”
    3 later decisions quote this exact passage · from the dissent
  2. “'[T]he decision of the fair hearing officer is the final decision of the Board.' Methodist Homes for the Aging Corp. v. Stewart , 594 So.2d 161 , 163 (Ala.Civ.App. 1992) (citing § 22-21-275 (14), Ala. Code 1975); see also Ala. Admin. Code Rule 410-1-8-.26 (`The decision of the [FHO] shall be considered the final decision of [SHPDA]'). Thus, it is the FHO's decision, and not the [CON Review Board's] decision, that is entitled to a presumption of correctness on appeal; thus, the pertinent question raised by Forest Manor's appeal is whether the FHO's order was `arbitrary, capricious, or fail[ed] to comply with applicable law.' [State Health Planning Res. Dev. Admin. v. Rivendell of Alabama, Inc., 469 So.2d 613 , 614 (Ala.Civ.App. 1985)] .”
    2 later decisions quote this exact passage
  3. ““All proceedings for review may be instituted by filing of notice of appeal or review and a cost bond with the agency to cover the reasonable costs of preparing the transcript of the proceeding under review, unless waived by the agency or the court on a showing of substantial hardship. A petition shall be filed either in the Circuit Court of Montgomery County or in the circuit court of the county in which the agency maintains its headquarters, or unless otherwise specifically provided by statute, in the circuit court of the county where a party other than an intervenor, resides or if a party, other than an intervenor, is a corporation, domestic or foreign, having a registered office or business office in this state, then in the county of the registered office or principal place of business within this state.””
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.