ALBEMARLE v. DEPT. OF HEALTH & HUMAN SERV.

No. COA02-635.

582 S.E.2d 651 (2003)

ALBEMARLE MENTAL HEALTH CENTER, Developmental Disabilities, Substance Abuse Services, Petitioner, and N.C. Council of Community Mental Health, Developmental Disabilities and Substance Abuse Programs, Inc., Petitioner-Intervenor, v. N.C. DEPARTMENT OF HEALTH AND HUMAN SERVICES, DIVISION OF MEDICAL ASSISTANCE, Respondent.

Court of Appeals of North Carolina.

July 15, 2003.


Attorney(s) appearing for the Case

The Twiford Law Firm by John S. Morrison, Myock, for petitioner-appellee.

Poyner & Spruill, L.L.P. by Steven Mansfield Shaber, Raleigh, for petitioner-intervenor appellee.

Attorney General Roy Cooper by Assistant Attorney General Grady L. Balentine, Jr., for respondent-appellant.


TIMMONS-GOODSON, Judge.

The North Carolina Department of Health and Human Services, Division of Medical Assistance ("respondent") appeals from the judgment of the trial court declaring a final agency decision by respondent to be null and void. For the reasons stated herein, we affirm the judgment of the trial court.

The pertinent substantive and procedural facts of the instant appeal are as follows: On 29 June 2001, Albemarle Mental Health Center Developmental...

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