HAMLET HMA, INC. v. RICHMOND COUNTY

No. COA99-716.

531 S.E.2d 494 (2000)

HAMLET HMA, INC. d/b/a Hamlet Hospital, Plaintiff-appellant, v. RICHMOND COUNTY, Richmond Memorial Hospital, and Thad Ussery, Kenneth R. Robinette, John B. Garner, J.C. Lamm, R. Lynn McCaskill, Craig S. McNeill and J.C. Watkins, in their official capacities as County Commissioners, and FirstHealth of the Carolinas, Inc., Defendant-appellees.

Court of Appeals of North Carolina.

June 20, 2000.


Attorney(s) appearing for the Case

Moore & Van Allen, PLLC, by Denise Smith Cline and Robert A. Meynardie, Raleigh, for plaintiff-appellant.

Nicholls & Crampton, P.A., by W. Sidney Aldridge, Raleigh, for defendant-appellees Richmond County, Thad Ussery, Kenneth R. Robinette, John B. Garner, J.C. Lamm, R. Lynn McCaskill, Craig S. McNeill and J.C. Watkins.

Maupin Taylor & Ellis, P.A., by D. Royce Powell and James E. Gates, Raleigh, for defendant-appellee Richmond Memorial Hospital.

Kilpatrick Stockton LLP, by Noah H. Huffstetler, III, Raleigh, for defendant-appellee FirstHealth of the Carolinas, Inc.

Attorney General Michael F. Easley, by Special Deputy Attorney General James A. Wellons, on behalf of the North Carolina Medical Care Commission, amicus curiae.


McGEE, Judge.

Richmond Memorial Hospital (RMH), a nonprofit corporation formerly named Richmond County Memorial Hospital, was incorporated in 1947 by approximately forty citizens of Richmond County. In 1948 three citizens deeded a tract of land (hospital tract) of approximately twenty acres in Richmond County to RMH as a gift. In 1949 RMH conveyed the hospital tract to Richmond County (the County) in order that the County would qualify for matching federal and state...

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