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MOORESVILLE HOSP. MANAGEMENT v. DHHS

No. COA03-899.

611 S.E.2d 431 (2005)

MOORESVILLE HOSPITAL MANAGEMENT ASSOCIATES, INC. d/b/a Lake Norman Regional Medical Center, Petitioner, v. NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES, Division of Facility Services, Certificate of Need Section; Robert J. Fitzgerald, in his official capacity as Director of the Division of Facility Services; and Lee B. Hoffman, in her official capacity as Chief of the Certificate of Need Section, Respondents and The Presbyterian Hospital and the Town of Huntersville, Respondent-Intervenors.

Court of Appeals of North Carolina.

April 19, 2005.

Attorney(s) appearing for the Case

McGuire Woods, L.L.P., by C. Ralph Kinsey, Jr., Charlotte, William G. Broaddus, and Smith Moore, L.L.P., by James G. Exum, Jr., Maureen Demarest Murray, and Susan M. Fradenburg, Greensboro, for petitioner-appellant.

Attorney General Roy Cooper, by Special Deputy Attorney General James A. Wellons, for respondent-appellees.

Nelson, Mullins, Riley & Scarborough, L.L.P., by Noah H. Huffstetler, III, Denise M. Gunter, and Wallace C. Hollowell, III, Raleigh, for respondent-intervenor-appellees.

CALABRIA, Judge.

Mooresville Hospital Management Associates, Inc., d/b/a Lake Norman Regional Medical Center ("Lake Norman") appeals a North Carolina Department of Health and Human Services final agency decision issued 20 March 2003 upholding two settlement agreements between the North Carolina Department of Health and Human Services, Division of Facility Services, Certificate of Need Section ("DHHS") and Presbyterian Hospital...

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