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IN RE WAKE KIDNEY CLINIC, P.A.

No. 8610DHR908.

355 S.E.2d 788 (1987)

In re the Appeal from the Approval of the Application of WAKE KIDNEY CLINIC, P.A. to Establish a Hemodialysis Facility in Raleigh, North Carolina (Project I.D. # J-1945-83).

Court of Appeals of North Carolina.

May 19, 1987.

Attorney(s) appearing for the Case

Bode, Call and Green by Robert V. Bode, Raleigh and Ross and Hardies by James B. Riley, Jr., of the State Bar of Illinois, Chicago, Ill., for petitioners-appellants.

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Gayl M. Manthei, Raleigh, for respondent-appellee North Carolina Department of Human Resources.

Jordan, Price, Wall, Gray and Jones by William R. Shenton and Stephen R. Dolan, Raleigh, for intervenor-appellee Wake Kidney Clinic, P.A.

PARKER, Judge.

The two main issues raised by petitioners on this appeal are whether DHR erred in considering evidence petitioners contend constituted an improper amendment to the application and whether the criteria necessary to DHR's decision were supported by substantial evidence. We conclude that the challenged evidence was properly before DHR and that the decision has substantial support in the record. Therefore, we...

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