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WAKEMED v. N.C. DEPARTMENT OF HEALTH AND HUMAN SERVS.

No. COA11-1558.

750 S.E.2d 186 (2012)

WAKEMED, Petitioner, v. NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES, DIVISION OF HEALTH SERVICE REGULATION, Certificate of Need Section, Respondent, and Rex Hospital, Inc., d/b/a Rex Healthcare, Holly Springs Surgery Center, LLC, and Novant Health, Inc. Rex Hospital, Inc., d/b/a Rex Healthcare, Petitioner, v. North Carolina Department of Health and Human Services, Division of Health Service Regulation, Certificate of Need Section, Respondent, and WakeMed, Holly Springs Surgery Center, LLC and Novant Health, Inc.

Court of Appeals of North Carolina.

September 4, 2012.

Attorney(s) appearing for the Case

Smith Moore Leatherwood LLP, Greensboro, by Maureen Demarest Murray , Terrill Johnson Harris , and Allyson Labban , for petitioner-appellant WakeMed.

K & L Gates LLP, Morrisville, by Gary S. Quails , Colleen M. Crowley , and Susan K. Hackney , for petitioner-appellant Rex Hospital, Inc., d/b/a Rex Healthcare.

Williams Mullen, Raleigh, by Marcus C. Hewitt and Elizabeth Sims Hedrick , for respondents-intervenors-appellees Holly Springs Surgery Center, LLC and Novant Health, Inc.

Attorney General Roy Cooper , by Assistant Attorney General Scott Stroud , for respondent-appellee North Carolina Department of Health and Human Services, Division of Health Service Regulation, Certificate of Need Section.

HUNTER, ROBERT C., Judge.

Petitioners-appellants WakeMed and Rex Hospital, Inc., d/b/a Rex Healthcare ("Rex") (collectively "petitioners"), appeal from the 31 August 2011 final agency decision of the North Carolina Department of Health and Human Services, Division of Health Service Regulation ("the Agency"). In that decision, the Agency concluded that a certificate of need to develop three operating rooms in Wake County was properly awarded by the Agency's Certificate...

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