BURKE HEALTH v. DEPT. OF HUMAN RESOURCES

No. COA98-1399.

522 S.E.2d 96 (1999)

BURKE HEALTH INVESTORS, L.L.C. d/b/a Burke Health Care Center, Petitioner/Appellant, v. N.C. DEPARTMENT OF HUMAN RESOURCES, DIVISION OF FACILITY SERVICES, Certificate of Need Section, Respondent/Appellee, and Carolina Health Care Center, of Burke, L.L.C., Respondent-Intervenor/Appellee.

Court of Appeals of North Carolina.

November 16, 1999.


Attorney(s) appearing for the Case

Smith Helms Mulliss & Moore, L.L.P., by Maureen Demarest Murray and Susan M. Fradenburg, Greensboro, for Burke Health Investors, L.L.C., petitioner-appellant.

Attorney General Michael F. Easley, by Assistant Attorney General Melissa L. Trippe, for the State.

Bode, Call, & Stroupe, L.L.P., by Robert V. Bode, S. Todd Hemphill, and Anthony D. Taibi, Raleigh, for Carolina Health Care Center, L.L.C., respondent-intervenor-appellee.


MARTIN, Judge.

Petitioner-appellant Burke Health Investors, L.L.C., ("Burke") appeals from a final decision of the North Carolina Department of Health and Human Services (formerly Department of Human Resources) ("the Department") to issue a Certificate of Need to respondent-intervenor-appellee Carolina Health Care Center, L.L.C., ("Carolina") for ninety nursing facility beds in Burke County.

The 1997 State Medical Facilities Plan established a need for ninety...

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