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

No. 8930SC173.

388 S.E.2d 223 (1990)

97 N.C. App. 245

Kenneth P. GUMMELS and Allan 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.

February 6, 1990.

Attorney(s) appearing for the Case

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

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

Bode, Call & Green by Robert V. Bode and Diana E. Ricketts, Raleigh, for respondent-appellee Evangeline of Andrews, Inc.

ORR, Judge.

On 19 January 1988, petitioner, a partnership which does business as Huntington Manor of Murphy, filed applications for a Certificate of Need (CON) with the North Carolina Department of Human Resources, Division of Facility Services in the Certificate of Need Section (the Department). The deadline for filing such applications was 15 January 1988. Having missed that deadline, petitioner was informed that its applications would not be considered with those...

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