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GOOD HOPE HEALTH SYSTEM, L.L.C. v. NCDHHS

No. 57A06.

637 S.E.2d 517 (2006)

GOOD HOPE HEALTH SYSTEM, L.L.C., Petitioner, and Town of Lillington, Petitioner-Intervenor v. NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES, DIVISION OF FACILITY SERVICES, Certificate of Need Section, Respondent, and Betsy Johnson Regional Hospital, Inc., and Amisub of North Carolina, Inc. d/b/a Central Carolina Hospital, Respondent-Intervenors.

Supreme Court of North Carolina.

November 17, 2006.

Attorney(s) appearing for the Case

Smith Moore, LLP, by Maureen Demarest Murray, Greensboro, for petitioner-appellant, and Morgan, Reeves and Gilchrist, by C. Winston Gilchrist, Lillington, for petitioner-intervenor-appellant.

Roy Cooper, Attorney General, by Melissa L. Trippe, Special Deputy Attorney General, for respondent-appellee.

Wyrick Robbins Yates & Ponton, LLP, by K. Edward Greene, and Nelson Mullins Riley & Scarborough, LLP, by Noah H. Huffstetler, III, Raleigh, for respondent-intervenor-appellee Betsy Johnson Regional Hospital, Inc.; and Bode Call & Stroupe, LLP, by S. Todd Hemphill, Raleigh, for respondent-intervenor-appellee Amisub of North Carolina, Inc. d/b/a Central Carolina Hospital.

PER CURIAM.

This case concerns respondent North Carolina Department of Health and Human Service's (NCDHHS's) denial of petitioner Good Hope Health System's (GHHS's) Certificate of Need (CON) application filed in 2003. After the CON Section of NCDHHS's Division of Facility Services initially denied the application, GHHS proceeded to a contested case hearing after which an administrative law judge recommended that the CON be approved. NCDHHS thereafter issued a final...

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