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RETIREMENT VILLAGES, INC. v. DEPT. OF HUM. RES.

No. COA95-1209.

477 S.E.2d 697 (1996)

RETIREMENT VILLAGES, INC. and Liberty Healthcare Limited Partnership, d/b/a Countryside Villa Of Duplin, Petitioners, v. NORTH CAROLINA DEPARTMENT OF HUMAN RESOURCES, Division of Facility Services, Certificate of Need Section, Respondent, and Beaver Properties/Wallace, Inc. and Brian Center Health & Retirement/Wallace, Inc., Respondents-Intervenors.

Court of Appeals of North Carolina.

November 19, 1996.

Attorney(s) appearing for the Case

Bode, Call & Green, L.L.P. by Robert V. Bode and S. Todd Hemphill, Raleigh, for petitioners-appellants.

Attorney General Michael F. Easley by Assistant Attorney General Lauren M. Clemmons, for respondent-appellee.

Poyner & Spruill, L.L.P. by Mary Beth Johnston and Benjamin P. Dean, Raleigh, for respondents-intervenors.

LEWIS, Judge.

This appeal arises out of an award by the Department of Human Resources ("the Agency") of a certificate of need ("CON") to respondents Beaver Properties/Wallace, Inc. and Brian Center Health & Retirement/Wallace, Inc. (collectively "Beaver Properties") and the denial of a CON application by Retirement Villages, Inc. and Liberty Healthcare Limited Partnership, d/b/a Countryside Villa of Duplin (collectively "Countryside Villa").

The 1993 State...

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