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LIVING CENTERS-SOUTHEAST v. DEPT. OF HEALTH

No. COA99-795.

532 S.E.2d 192 (2000)

LIVING CENTERS-SOUTHEAST, INC., Lutheran Retirement Center-Wilmington Incorporated, and New Hanover Health Care Center, L.L.C., Petitioners, v. N.C. DEPARTMENT OF HEALTH AND HUMAN SERVICES, DIVISION OF FACILITY SERVICES, CERTIFICATE OF NEED SECTION, Respondent, and The Devin Partnership and Devin Health Care Associates LLC, Living Centers-Southeast, Inc., Lutheran Retirement Center-Wilmington Incorporated, and New Hanover Health Care Center, L.L.C., Respondent-Intervenors.

Court of Appeals of North Carolina.

July 5, 2000.

Attorney(s) appearing for the Case

Womble Carlyle Sandridge & Rice, P.L.L.C., by Mary Beth Johnston, Research Triangle Park, for petitioner-appellant Living Centers-Southeast, Inc.

Smith Helms Mulliss & Moore, L.L.P., by Maureen Demarest Murray, Raleigh, for petitioner-appellant Lutheran Retirement Center-Wilmington Incorporated.

Parker, Poe, Adams & Bernstein, L.L.P., by Renee J. Montgomery, Charlotte, for petitioner-appellant New Hanover Health Care Center, L.L.C.

Attorney General Michael F. Easley, by Assistant Attorney General Staci Tolliver Meyer and Special Deputy Attorney General James A. Wellons, for respondent-appellee N.C. Department of Health and Human Services.

Poyner & Spruill, L.L.P., by William R. Shenton, Charlotte, for respondent-intervenor-appellee Devin Partnership and Devin Health Care Associates, L.L.C.

HUNTER, Judge.

Petitioners Living Centers-Southeast, Inc. ("LC-SE"), Lutheran Retirement Center-Wilmington, Inc. ("Lutheran"), and New Hanover Health Care Center, L.L.C. ("NHHC"), appeal a final agency decision wherein the North Carolina Department of Health and Human Services, Division of Facility Services, Certificate of Need Section ("Department"), by summary judgment, denied each of their applications for a certificate of need and awarded it to Devin Partnership...

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