Lackner

The Director of the Department, of Health and the department appeal from a summaiy judgment against them in an action involving the Health and Planning Act adopted in 1976. We affirm the judgment.

On August 5, 1976, petitioner hospital entered into an agreement to acquire the use of a nuclear full-body scanner. Admittedly, the value of that scanner exceeded $500,000. On September 9, 1976, the statute in question came into force. In general, the statute required that no future acquisition of a capital improvement exceeding in value $500,000 could be undertaken except under a permit issued by the department. The present case involves the application of that statute to the transaction herein involved. The department denied a permit; the judgment herein appealed from adjudicated, on a cause of action for declaratory judgment, the statute was inapplicable. We affirm that decision.

In its appeal, appellant contends: (1) that the agreement was a lease or an agreement comparable to a lease, within the meaning of section 437.10 of the statute; (2) that the hospital had not acquired the scanner prior to the effective date of the act; and (3) that findings of fact made by the…