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CHRISTENBURY SURGERY v. DEPT. OF HEALTH

No. COA99-871.

531 S.E.2d 219 (2000)

CHRISTENBURY SURGERY CENTER, Petitioner, v. NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES, DIVISION OF FACILITY SERVICES, Respondent.

Court of Appeals of North Carolina.

June 6, 2000.

Attorney(s) appearing for the Case

Parker, Poe, Adams & Bernstein, L.L.P., by Renee J. Montgomery and Russell B. Killen, Raleigh, for petitioner-appellee.

Attorney General Michael F. Easley, by Assistant Attorney General Melissa L. Trippe, for respondent-appellant.

MARTIN, Judge.

Petitioner, Christenbury Surgical Center (the "Center"), is a licensed multi-specialty ambulatory surgical facility located at 449 North Wendover Road, Charlotte, North Carolina, and received a Certificate of Need to develop and operate a multi-specialty ambulatory surgical facility in 1992. On 6 October 1998, the Center filed a Request For Declaratory Ruling from the Division of Facility Services of the Department of Health and Human Services (the...

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