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RECOVERY CENTERS OF AMERICA, INC. v. NORTH CAROLINA DEPARTMENT OF HUMAN RESOURCES

No. 126PA90.

399 S.E.2d 112 (1991)

328 N.C. 81

RECOVERY CENTERS OF AMERICA, INC., d/b/a New Beginnings of North Carolina, Petitioner-Appellant v. NORTH CAROLINA DEPARTMENT OF HUMAN RESOURCES, DIVISION OF FACILITY SERVICES, CERTIFICATE OF NEED SECTION, Respondent-Appellee and Duke University, Intervenor-Respondent-Appellee.

Supreme Court of North Carolina.

January 10, 1991.

Attorney(s) appearing for the Case

Thompson & Burgess, Durham by Kenneth L. Burgess, Raleigh, for petitioner-appellant.

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

Womble, Carlyle, Sandridge & Rice by Roddey M. Ligon, Jr., and M. Elizabeth Gee, Winston-Salem, for Duke University, intervenor-respondent-appellee.

EXUM, Chief Justice.

Under the rationale and holding in HCA Crossroads Residential Ctrs. v. N.C. Dept. of Human Res., 327 N.C. 573, 398 S.E.2d 466 (1990), the final decision of the Department of Human Resources entered 11 August 1989 is vacated. The Department must issue the Certificate of Need for which the petitioner-appellant has applied. The...

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