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COMMUNITY PSYCHIATRIC CENTERS v. DHR

No. 8910OAH1256.

405 S.E.2d 769 (1991)

103 N.C. App. 514

COMMUNITY PSYCHIATRIC CENTERS v. NORTH CAROLINA DEPARTMENT OF HUMAN RESOURCES, DIVISION OF FACILITY SERVICES, Certificate of Need Section.

Court of Appeals of North Carolina.

July 16, 1991.

Attorney(s) appearing for the Case

Hunton & Williams by John R. McArthur, Raleigh and McGlinchey, Stafford, Mintz, Cellini & Lang by Donna G. Klein and Eve Barrie Masinter, New Orleans, La., for petitioner-appellant.

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. James A. Wellons, Raleigh, for respondent-appellee.

ARNOLD, Judge.

Petitioner is not a "party in a contested case hearing" within the meaning of N.C. Gen.Stat. § 131E-188(b) (1988). This appeal must therefore be dismissed for lack of subject matter jurisdiction.

The Administrative Law Judge (A.L.J.) found the following facts. The Department of Human Resources (DHR) mailed petitioner notice that DHR had denied petitioner's application for a certificate of need on 26 December 1988. DHR first received a letter...

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