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JOHNSTON HEALTH CARE v. DEPT. OF HUMAN RES.

No. COA99-129.

524 S.E.2d 352 (2000)

JOHNSTON HEALTH CARE CENTER, L.L.C., Petitioner-Appellant, v. NORTH CAROLINA DEPARTMENT OF HUMAN RESOURCES, Division of Facility Services, Certificate of Need Section, Respondent-Appellee, and Liberty Healthcare Services, L.L.C., Respondent-Intervenor-Appellee, HealthPrime, Inc., Respondent-Intervenor.

Court of Appeals of North Carolina.

January 18, 2000.

Attorney(s) appearing for the Case

Parker, Poe, Adams & Bernstein L.L.P., by Renee J. Montgomery, Raleigh, for the petitioner-appellant.

Michael F. Easley, Attorney General, by Staci Tolliver Meyer, Assistant Attorney General and Melissa L. Trippe, Assistant Attorney General, for the respondent-appellee.

Poyner & Spruill, L.L.P., by William R. Shenton, Raleigh, for the respondent-intervenor-appellee.

WYNN, Judge.

Johnston Health Care Center, L.L.C. appeals from a final decision of the North Carolina Department of Health and Human Services awarding a Certificate of Need to Liberty Healthcare Services, L.L.C. and denying Johnston Center's Certificate of Need application. Our review of the whole record reveals substantial evidence to support the Department of Health and Human Services' award. We, therefore, affirm the award.

The 1997 State Medical Facilities...

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