CRAVEN REGIONAL v. DEPT. OF HEALTH

No. COA05-284.

625 S.E.2d 837 (2006)

CRAVEN REGIONAL MEDICAL AUTHORITY d/b/a Craven Regional Medical Center, Petitioner, v. N.C. DEPARTMENT OF HEALTH AND HUMAN SERVICES, Division of Facility Services, Certificate of Need Section, Respondent, and Coastal Carolina Health Care, P.A., d/b/a Coastal Carolina Imaging, Respondent-Intervenor.

Court of Appeals of North Carolina.

February 21, 2006.


Attorney(s) appearing for the Case

Bode Call & Stroupe, L.L.P., by S. Todd Hemphill and Diana Evans Ricketts, and Sumrell, Sugg, Carmichael, Hicks & Hart, P.A., by Fred M. Carmichael, Raleigh, for petitioner-appellant.

Attorney General Roy Cooper, by Special Deputy Attorney General Melissa L. Trippe and Assistant Attorney General June S. Ferrell, for respondent-appellee.

Kirschbaum, Nanney, Keenan & Griffin, P.A., by Frank S. Kirschbaum and Amy Y. Bason, Raleigh, for respondent-intervenor.

Linwood Jones for North Carolina Hospital Association, amicus curiae.

Brook, Pierce, McLendon, Humphrey & Leonard, L.L.P., by Forrest W. Campbell, Jr., Greensboro, for North Carolina Radiological Society, amicus curiae.

Ward and Smith, P.A., by J. Troy Smith, Jr. And Cheryl A. Marteney, New Bern, for North Carolina Medical Society, North Carolina Academy of Family Physicians, North Carolina Obstetrical and Gynecological Society, North Carolina Orthopaedic Association, North Carolina Pediatric Society, North Carolina College of Internal Medicine, and North Carolina Neurological Society, amicus curiae.

Parker Poe Adams & Bernstein, by Renee J. Montgomery and Susan L. Dunathan, Raleigh, for OrthoCarolina, P.A., amicus curiae.

Nelson, Mullins, Riley & Scarborough, L.L.P., by Noah H. Huffstetler, III, Barry D. Alexander and Wallace C. Hollowell, III, for Alliance Imaging, Inc., amicus curiae.


STEELMAN, Judge.

Craven Regional Medical Center (Craven) is a hospital, located in New Bern, North Carolina. Coastal Carolina Health Care, P.A. is a physician practice in New Bern, consisting of approximately thirty-four physicians. Coastal Carolina Imaging (Coastal) is a division of Coastal Carolina Health Care, which operates a diagnostic imaging center. Craven operates the only two magnetic resonance imaging scanners...

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