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NATIONAL MEDICAL ENTERPRISES v. SANDROCK

No. 8412SC284.

324 S.E.2d 268 (1985)

NATIONAL MEDICAL ENTERPRISES, INC. and Cumberland County v. Katie Lee SANDROCK, Jane H. Sandrock, Jack Carrol Sandrock, Tommy Lee Sandrock, Terry Lynn Sandrock Davis, John Oliver Sandrock, Kathy Leigh Sandrock Crabb, and Any Unknown or Unborn Heirs of John Sandrock, Deceased.

Court of Appeals of North Carolina.

January 15, 1985.

Attorney(s) appearing for the Case

Hollowell & Silverstein, P.A. by Edward R. Hollowell and Robert L. Wilson, Jr., Raleigh, Brown, Fox & Deaver, P.A. by Bobby G. Deaver, Garris Neil Yarborough, Fayetteville, and Womble, Carlyle, Sandridge & Rice by Roddey M. Ligon, Jr., Winston-Salem, for plaintiff-appellants.

McCoy, Weaver, Wiggins, Cleveland & Raper by John E. Raper, Jr., Fayetteville, for defendant-appellant.

WHICHARD, Judge.

I.

The first issue concerns the validity of the lease and the addendum between County and NME. We hold that the lease and, by extension, the addendum to the lease are unlawful, invalid, and legally unenforceable.

Plaintiffs argue that the County has authority to lease the Hospital to a for-profit corporation pursuant to G.S. 160A-272. They cite the following provision:

Any property owned by a [county] may be leased or rented...

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