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

No. COA06-1484.

648 S.E.2d 284 (2007)

HOSPICE & PALLIATIVE CARE CHARLOTTE REGION d/b/a Hospice at Charlotte, Petitioners, v. NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES, Division of Facility Services, Certificate of Need Section, Respondent-Appellee, and Community Home Care of Johnston County, Inc. d/b/a Community Home Care and Hospice, Respondent-Intervenor-Appellant.

Court of Appeals of North Carolina.

August 7, 2007.

Attorney(s) appearing for the Case

Parker Poe Adams & Bernstein, LLP, by Renee J. Montgomery and Robert A. Leandro, Raleigh, for Petitioner-Appellee.

Williams Mullen Maupin Taylor, P.C. by Marcus C. Hewitt and Kevin Benedict, Raleigh, for Respondent-Intervenor-Appellant.

Attorney General Roy A. Cooper, III, by Assistant Attorney General June S. Ferrell for Respondent-Appellee.

STROUD, Judge.

Respondent-intervenor Community Home Care of Johnston County, Inc. [Community] appeals from the final agency decision entered by North Carolina Department of Health and Human Services [DHHS], Division of Facility Services [DFS] in a contested case. Petitioner Hospice & Palliative Care Charlotte Region [HPC] contested the DHHS, DFS Certificate of Need Section's [CON Section] issuance of a "No Review" letter to Community, which authorized Community...

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