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IN RE HEALTH CARE & RET. CORP. OF AMERICA

No. 8710DHR345.

364 S.E.2d 150 (1988)

In re CONDITIONAL APPROVAL OF CERTIFICATE OF NEED APPLICATION OF HEALTH CARE & RETIREMENT CORPORATION OF AMERICA (Project I.D. No. Q-2155-84) and Denial of Certificate of Need Application of Britthaven, Inc. (Project I.D. No. Q-2142-84) (Bertie County) 85 DFS 28.

Court of Appeals of North Carolina.

February 2, 1988.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Asst. Attys. Gen. Barbara P. Riley and Richard A. Hinnant, Jr., Raleigh, for appellee N.C. Dept. of Human Resources.

Hunton & Williams by Edward S. Finley, Jr. and John R. McArthur, Raleigh, for appellee Health Care & Retirement Corp. of America.

Bode, Call & Green by Robert V. Bode, Nancy O. Mason and S. Todd Hemphill, Raleigh, for appellant Britthaven, Inc.

PHILLIPS, Judge.

Our review of this appeal is governed by G.S. 150A-51, the most pertinent parts of which state that:

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 may have been prejudiced because the agency findings, inferences, conclusions, or decisions are: .... (5) Unsupported by substantial evidence admissible...

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