Olathe Community Hospital v. Kansas Corporation Comm'n

The opinion of the court was delivered by This is an original action in mandamus filed by Olathe Community Hospital seeking a determination of the applicable appeal statute in an appeal from an order of the Secretary of the Kansas Department of Health and Environment (KDHE) granting the petitioner's request for a certificate of need pursuant to K.S.A. 65-4801 et seq. This court assumed jurisdiction by an order entered August 30, 1982. Due to statutory changes enacted by the legislature during its 1982 session, the parties are in disagreement whether an appeal from the order of the KDHE in this certificate of need case is to the Kansas Corporation Commission (KCC) pursuant to K.S.A. 65-4809 (repealed July 1, 1982), or direct to the district court pursuant to L. 1982, ch. 272, § 4 (effective July 1, 1982). The facts are not in dispute.