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CHARLOTTE-MECKLENBURG HOSP. AUTH. v. DEP. OF HUMAN RESOURCES

No. 8610DHR282.

349 S.E.2d 291 (1986)

The CHARLOTTE-MECKLENBURG HOSPITAL AUTHORITY and Charlotte Rehabilitation Hospital v. NORTH CAROLINA DEPARTMENT OF HUMAN RESOURCES, Honorable Philip J. Kirk, Jr., (in his capacity as Secretary of the North Carolina Department of Human Resources) and Mercy Hospital, Inc.

Court of Appeals of North Carolina.

October 21, 1986.

Attorney(s) appearing for the Case

Robinson, Bradshaw & Hinson, P.A. by Richard A. Vinroot and David C. Wright III, Charlotte, for plaintiff-appellant.

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen., Sueanna P. Peeler, Raleigh, for defendant-appellee N.C. Dept. of Human Resources.

Moore, Van Allen, Allen & Thigpen, by Noah H. Huffstetler III, Julia V. Jones and Denise Smith Cline, Raleigh, for defendant-appellee Mercy Hosp., Inc.

BECTON, Judge.

This appeal concerns the North Carolina Department of Human Resources' decision to issue a Certificate of Need for twenty-nine rehabilitation beds to Mercy Hospital, Inc. (Mercy) instead of Charlotte-Mecklenburg Hospital Authority/Charlotte Rehabilitation Hospital (CRH). The Department of Human Resources (the Department) denied CRH's request for a contested case hearing pursuant to N.C.Gen.Stat.Sec. 131E-188(a) (1985 Cum.Supp.), and CRH appeals. We...

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