Missouri Court of Appeals, Western District / Mar 31, 2020
Union Manor, A Sole Proprietorship vs. Missouri Department of Health and Senior Services
The Missouri Department of Health and Senior Services appealed a summary judgment in favor of Union Manor, a long-term care facility. Union Manor sought a declaratory judgment that it was exempt from a regulation requiring 70 square feet of bedroom space per resident, citing a grandfather clause. The appellate court affirmed in part and reversed in part, holding that Union Manor qualified for the 60 square feet exemption for multiple occupancy bedrooms but not for private bedrooms. The court also reversed the circuit court's rulings on equitable estoppel and retrospective law, and remanded for further proceedings on injunctive relief.