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PRESBYTERIAN-ORTHOPAEDIC HOSP. v. DEPT. OF HUMAN RESOURCES

No. COA94-1358.

470 S.E.2d 831 (1996)

PRESBYTERIAN-ORTHOPAEDIC HOSPITAL, Petitioner-Appellant, v. NORTH CAROLINA DEPARTMENT OF HUMAN RESOURCES, DIVISION OF FACILITY SERVICES, CERTIFICATE OF NEED SECTION, Respondent-Appellee, and Mercy Hospital, Inc., Intervenor-Respondent-Appellee, and Stanly Memorial Hospital, Inc., Intervenor-Respondent-Appellee.

Court of Appeals of North Carolina.

June 4, 1996.

Attorney(s) appearing for the Case

Parker, Poe, Adams & Bernstein L.L.P. by Renee J. Montgomery and James C. Thornton, Raleigh, for petitioner-appellant.

Attorney General Michael F. Easley by Assistant Attorney General Sherry L. Cornett, Raleigh, for respondent-appellee.

Petree Stockton, L.L.P. by Noah H. Huffstetler, III and Sharon L. McConnell, Raleigh, for intervenor-respondent-appellee Mercy Hospital, Inc.

Maupin Taylor Ellis & Adams, P.A. by Robert L. Wilson, Jr. and James E. Gates, for intervenor-respondent-appellee Stanly Memorial Hospital, Inc.

EAGLES, Judge.

I.

Our review of final agency decisions is governed by G.S. 150B-51(b). Pursuant to G.S. 150B-51(b):

[T]he court reviewing a final decision [of an administrative agency] may affirm the decision of the agency or remand the case for further proceedings. It may also reverse or modify the agency's decision if the substantial rights of the petitioners may have been prejudiced because the agency's findings, inferences, conclusions, or decisions...

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