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MOORESVILLE HOSPITAL MANAGEMENT ASSOCIATES, INC. v. NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES

No. 404A03-2.

616 S.E.2d 540 (2005)

359 N.C. 634

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.

Supreme Court of North Carolina.

June 30, 2005.

Attorney(s) appearing for the Case

Noah H. Huffstetler, III, Wallace C. Hollowell, III, Raleigh, Denise M. Gunter, Winston-Salem, for The Presbyterian Hospital and the Town of Huntersville.

James A. Wellons, Melissa L. Trippe, Special Deputy Attorney General, for NCDHHS, Fitzgerald, Hoffman.

James G. Exum, Jr., Maureen Demarest Murray, Greensboro, John C. Fennebresque, C. Ralph Kinsey, Jr., Charlotte, for Mooresville Hospital Mgmt.

ORDER

Upon consideration of the petition filed by Respondents and Respondent-Intervenors on the 18th day of May 2005 in this matter for a writ of certiorari to review an order of the North Carolina Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals.

"Allowed by order of the Court in conference, this the 30th day of...

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