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CHARTER PINES HOSP., INC. v. DEPT. OF HUMAN RES.

No. 8510SC1081.

349 S.E.2d 639 (1986)

In the Matter of CHARTER PINES HOSPITAL, INC., A North Carolina Corporation, Petitioner-Appellant, v. NORTH CAROLINA DEPARTMENT OF HUMAN RESOURCES, Respondent-Appellee, Pitt County Memorial Hospital, Inc., And Community Hospital of Rocky Mount, Intervenors.

Court of Appeals of North Carolina.

November 4, 1986.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Barbara P. Riley, Raleigh, for respondent-appellee North Carolina Dept. of Human Resources.

Sanford, Adams, McCullough & Beard by Heman R. Clark and Renee J. Montgomery, Cary, and King & Spalding by Richard L. Shackelford, Atlanta, Ga., for petitioner-appellant.

Hollowell & Silverstein, P.A. by Edward E. Hollowell and Robert L. Wilson, Jr., Raleigh, and James T. Cheatham, P.A. by James T. Cheatham, Greenville, for intervenor-appellee Pitt County Memorial Hosp., Inc.

Poyner & Spruill by J. Phil Carlton and Susan K. Nichols, Raleigh, for intervenor-appellee Community Hosp. of Rocky Mount.

MARTIN, Judge.

The applicable standard of judicial review of a final decision of the Department of Human Resources with respect to an application for a certificate of need was set out in G.S. 150A-51 (1983), amended and recodified at G.S. 150B-51 (1985) (effective 1 January 1986).

The court may affirm the decision of the agency or remand the case for further proceedings; or it may reverse or modify the decision if the substantial rights of the petitioners...

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