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HOSPICE & PALLIATIVE CARE v. N.C.D.H.H.S.

No. COA07-302.

652 S.E.2d 348 (2007)

HOSPICE & PALLIATIVE CARE CHARLOTTE REGION, Petitioner, v. N.C. DEPARTMENT OF HEALTH AND HUMAN SERVICES, DIVISION OF FACILITY SERVICES, Certificate of Need Section and N.C. Department of Health and Human Services, Division of Facility Services, Licensure and Certification Section, Respondents, and Liberty Home Care II, LLC, Respondent-Intervenor.

Court of Appeals of North Carolina.

November 6, 2007.

Attorney(s) appearing for the Case

Nelson Mullins Riley & Scarborough LLP, by Wallace C. Hollowell, III, and Noah H. Huffstetler, III, Raleigh, for petitioner-appellee.

Attorney General Roy Cooper, by Assistant Attorney General June S. Ferrell, for respondents-appellees.

Wyrick Robbins Yates & Ponton, LLP, by K. Edward Greene, Lee M. Whitman, and Sarah M. Johnson, Raleigh, for respondent-intervenor-appellant.

Bode, Call & Stroupe, L.L.P., by S. Todd Hemphill, Diana Evans Ricketts, and Matthew A. Fisher, Raleigh, for amicus curiae Community CarePartners, Inc.

Johnston, Allison & Hord, P.A., by Patrick E. Kelly and Jennifer McKay Patterson, Charlotte, for amicus curiae The Carolinas Center for Hospice and End of Life Care.

TYSON, Judge.

Liberty Home Care II, LLC ("Liberty") appeals from the final agency decision entered granting summary judgment in favor of Hospice & Palliative Care Charlotte Region ("Charlotte Hospice"). We affirm.

I. Background

Liberty is a hospice agency with its principal office located in Hoke County, North Carolina. Liberty was issued a Certificate of Need ("CON") in 2002 to develop its Hoke County Hospice Program. On 20 May 2005,...

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