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ROWAN HEALTH PROP. v. DEPT. OF HUM. RES.

No. 8710DHR626.

365 S.E.2d 635 (1988)

ROWAN HEALTH PROPERTIES, INC. v. NORTH CAROLINA DEPARTMENT OF HUMAN RESOURCES, DIVISION OF FACILITY SERVICES, CERTIFICATE OF NEED SECTION; Triad Medical Services, Inc.; Spencer Meridian Limited Partnership; Meridian Nursing Centers, Inc.; and Autumn Corporation.

Court of Appeals of North Carolina.

March 15, 1988.

Attorney(s) appearing for the Case

Thomas S. Erwin, Raleigh, for Rowan Health Properties, plaintiff-appellant.

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Sueanna P. Peeler and Richard A. Hinnant, Jr., Raleigh, for North Carolina Dept. of Human Resources, defendant-appellee.

House, Blanco & Osborn, P.A. by Gene B. Tarr and Marguerite Self, Winston-Salem, for Triad Medical Services, Inc., intervenor-appellee.

Moore & Van Allen by Noah H. Huffstetler, III, Julia V. Jones, Dean M. Harris, and Margaret A. Nowell, Raleigh, for Spencer Meridian Ltd. Partnership and for Meridian Nursing Centers, Inc., intervenors-appellees.

Smith, Helms, Mullis, & Moore by Maureen Demarest Murray and Deborah L. Hayes, Greensboro, for Autumn Corp., intervenor-appellee.

BECTON, Judge.

This appeal by Rowan Health Properties, Inc. (RHP) arises from a decision of the North Carolina Department of Human Resources (DHR) concerning the issuance of certificates of need among competing applicants. We conclude that, because RHP is not a "party in a contested case hearing" within the meaning of N.C.Gen.Stat. Sec. 131E-188(b) (1986), the appeal must be dismissed for lack of jurisdiction.

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The 1984 State Medical Facilities...

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