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IREDELL MEM. HOSP. v. D. OF HUMAN RES.

No. 9010OAH760.

406 S.E.2d 304 (1991)

103 N.C. App. 637

IREDELL MEMORIAL HOSPITAL, Petitioner, v. NORTH CAROLINA DEPARTMENT OF HUMAN RESOURCES, DIVISION OF FACILITY SERVICES, CERTIFICATE OF NEED SECTION, Respondent, and Bryant Street Associates and Iredell Head, Neck & Ear Surgeons, P.A., Respondents-Intervenors.

Court of Appeals of North Carolina.

August 6, 1991.

Attorney(s) appearing for the Case

Womble Carlyle Sandridge & Rice by Anthony H. Brett and Johnny M. Loper, Raleigh, for petitioner-appellant.

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Meg Scott Phipps, Raleigh, for respondent appellee, the North Carolina Dept. of Human Resources.

Poyner & Spruill by Mary Beth Johnston and Wilson Hayman, Raleigh, for respondents-intervenors-appellees, Bryant Street Associates and Iredell Head, Neck & Ear Surgeons, P.A.

COZORT, Judge.

Iredell Memorial Hospital ("Iredell") and Bryant Street Associates and Iredell Head, Neck & Ear Surgeons, P.A. ("Bryant Street"), on 15 June 1989 applied for a Certificate of Need ("CON") from the respondent North Carolina Department of Human Resources ("DHR"). The CON applications were for a license to operate freestanding ambulatory surgical facilities. DHR considered the applications concurrently, but not competitively. On 27 November 1989, DHR...

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