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MATTER OF WILKESBORO, LTD.

No. 8123SC321.

285 S.E.2d 626 (1982)

In the Matter of the Construction of a Health Care facility by WILKESBORO, LIMITED, a partnership.

Court of Appeals of North Carolina.

January 5, 1982.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Robert L. Hillman, Raleigh, for State respondents.

McElwee, Hall, McElwee & Cannon by William H. McElwee, III and William C. Warden, Jr., North Wilkesboro, for petitioner-appellant.

Bode, Bode & Call by Robert V. Bode, Raleigh, for respondent Wilkesboro, Limited.

MORRIS, Chief Judge.

The North Carolina Certificate of Need Law, G.S. 131-175 et seq., effective 1 January 1979, recognized, among other things, the "trend of proliferation of unnecessary health care facilities and equipment" and the resulting "costly duplication and underuse of facilities," G.S. 131-175(4). The General Assembly, in enacting the Law, found further:

That the general welfare and protection of lives, health and property of the people of this...

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