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This section contains the nature of the case and procedural background.

In October 1947, as construction of the medical center neared completion, the Sisters of the Franciscan Order proposed certain medical staff bylaws to regulate the affairs of the physicians wanting to use the hospital. The proposed P bylaws contained an 'Amendment Article' and an 'Equally Binding Article:' 'These by-laws may be amended after notice given at any regular meeting of P. Such notices shall be laid on the table until the next regular meeting and shall require a two-thirds majority of those present for adoption. Amendments so made shall be effective when approved by the governing body.' The 'Equally Binding' article provides: 'Article IX 'These by-laws shall be adopted at any regular meeting of P and shall become effective when approved by D. They shall when adopted and approved, be equally binding on P and D.' The bylaws were adopted by the P and approved by D. In 1972, D wished to make certain changes in the bylaws. The changes were unacceptable to P and an impasse developed. D unilaterally adopted new medical staff bylaws which were not approved by P. D insists that P is bound by the bylaws. P contends the bylaws are null and void by reason of the fact that they were not enacted according to the provisions set out in the original 1947 P bylaws. P sought declaratory relief and the trial court ruled for P. D appealed.

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Legal analysis from Dean's Law Dictionary will be displayed here.