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PRESBYTERIAN HOSP. v. DEPT. OF HEALTH

No. COA05-905.

630 S.E.2d 213 (2006)

The PRESBYTERIAN HOSPITAL, Petitioner v. N.C. DEPARTMENT OF HEALTH AND HUMAN SERVICES, Division of Facility Services, Certificate of Need Section, Respondent and Mooresville Hospital Management Associates, Inc. d/b/a Lake Norman Regional Medical Center, Respondent-Intervenor.

Court of Appeals of North Carolina.

June 6, 2006.

Attorney(s) appearing for the Case

Nelson Mullins Riley & Scarborough, LLP, by Noah H. Huffstetler, III, Denise M. Gunter, Catharine W. Cummer, and Lisa R. Gordon, Raleigh, for petitioner-appellant.

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

Smith Moore LLP, by Maureen Demarest Murray and William W. Stewart, Jr., Greensboro, for respondent-intervenor-appellee.

HUNTER, Judge.

The Presbyterian Hospital ("Presbyterian") appeals from a final agency decision of the North Carolina Department of Health and Human Services ("DHHS") entered 20 April 2004. For the reasons stated herein, we affirm the final agency decision.

Lake Norman Regional Medical Center ("Lake Norman") filed a Certificate of Need ("CON") application to expand emergency room facilities with DHHS on 1 February...

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