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GUMMELS v. N.C. DEPT. OF HUMAN RES.

No. 8930SC992.

392 S.E.2d 113 (1990)

98 N.C. App. 675

Kenneth P. GUMMELS, and Alan McGinnis d/b/a Huntington Manor of Murphy, Petitioner, v. NORTH CAROLINA DEPARTMENT OF HUMAN RESOURCES, DIVISION OF FACILITY SERVICES, CERTIFICATE OF NEED SECTION, Respondent, and Evangeline of Andrews, Inc., Respondent-Intervenor.

Court of Appeals of North Carolina.

June 5, 1990.

Attorney(s) appearing for the Case

Harrell & Leake by Larry Leake, Asheville, for petitioner-appellant Huntington Manor of Murphy.

Attorney Gen. Lacy H. Thornburg by Asst. Atty. Gen. James A. Wellons, Raleigh, for respondent-appellee North Carolina Dept. of Human Resources.

Bode, Call & Green by Robert V. Bode and Diana E. Ricketts, Raleigh, for respondent-intervenor.

WELLS, Judge.

We first note that in their cross-appeal respondents have asserted that the Superior Court of Cherokee County lacked subject matter jurisdiction to hear petitioner's appeal from the decision of the ALJ, contending that under the facts of the case, such an appeal was required to be filed in the Superior Court of Wake County. Without deciding the issue raised by respondents' cross-appeal, we assume for the purposes of our review that appeal of the ALJ...

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