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MOORESVILLE HOSP. v. NORTH CAROLINA DHHS

No. 404A03-2.

622 S.E.2d 621 (2005)

360 N.C. 156

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.

December 16, 2005.

Attorney(s) appearing for the Case

Smith Moore LLP, by Maureen Demarest Murray and James G. Exum, Jr., Greensboro, for petitioner-appellant/appellee.

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

Nelson Mullins Riley & Scarborough LLP, by Noah H. Huffstetler, III, Raleigh, for respondent-intervenor-appellees/appellants.

PER CURIAM.

Respondent Department of Health and Human Services (DHHS) issued a certificate of need (CON) to respondent-intervenor Presbyterian Hospital. Petitioner requested a contested case hearing to challenge the CON, and an administrative law judge recommended denying the CON. When respondent DHHS upheld the CON, petitioner appealed to the Court of Appeals.

While the appeal was pending, respondent-intervenor...

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