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DIALYSIS CARE v. N.C. DEPT. OF HEALTH

No. COA99-436.

529 S.E.2d 257 (2000)

DIALYSIS CARE OF NORTH CAROLINA, LLC, d/b/a DCNC, LLC, d/b/a Dialysis Care of Rowan County, Petitioner-Appellant, v. NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES, DIVISION OF FACILITY SERVICES, CERTIFICATE OF NEED SECTION, Respondent-Appellee, and Bio-Medical Applications of North Carolina, Inc. d/b/a BMA of Kannapolis d/b/a Metrolina Kidney Center of Kannapolis (Lessee) and Metrolina Nephrology Associates, P.A. (Lessor), Respondents-Intervenors-Appellees.

Court of Appeals of North Carolina.

May 2, 2000.

Attorney(s) appearing for the Case

Poyner & Spruill, L.L.P., by William R. Shenton, Thomas R. West, and Eric P. Stevens, Raleigh, for petitioner-appellant.

Attorney General Michael F. Easley, by Assistant Attorney General Staci Tolliver Meyer, for respondent-appellee.

Law Office of Joy H. Thomas, by Joy H. Thomas, Raleigh, for respondents-intervenors-appellees.

WALKER, Judge.

Dialysis Care of North Carolina ("DCNC") appeals from a final agency decision of the North Carolina Department of Health and Human Services (formerly the Department of Human Resources, N.C. Gen.Stat. § 143B-138.1 (1999)) ("Department" or "agency"), awarding a Certificate of Need ("CON") to Bio-Medical Applications of North Carolina, Inc. et al. ("BMA"). DCNC moves this Court to take judicial notice of its corporate name change to Total Renal Care...

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