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FRYE REGIONAL MEDICAL CENTER, INC. v. HUNT

No. 613PA97.

510 S.E.2d 159 (1999)

350 N.C. 39

FRYE REGIONAL MEDICAL CENTER, INC., Plaintiff, v. James B. HUNT, Jr., H. David Bruton, M.D., Secretary of the North Carolina Department of Human Resources, and North Carolina Department of Human Resources, Defendants, and Catawba Memorial Hospital, Intervenor-Defendant.

Supreme Court of North Carolina.

February 5, 1999.

Attorney(s) appearing for the Case

Bode, Call & Stroupe, L.L.P., by Robert V. Bode and Diana E. Ricketts, Raleigh, for plaintiff-appellee.

Michael F. Easley, Attorney General, by James A. Wellons, Special Deputy Attorney General, for defendant-appellants; and Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P., by James T. Williams, Jr., and Jim W. Phillips, Jr., Greensboro, for intervenor-defendant-appellant.

FRYE, Justice.

The controlling question in this case is whether the Governor's power to approve the State Medical Facilities Plan (SMFP) includes the power to make substantive amendments to it. For the reasons stated in this opinion, we conclude that the Governor does have such authority. Accordingly, we must reverse the superior court's decision to the contrary.

The controversy arises out of the attempts by Catawba Memorial Hospital, located in Hickory, to...

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