HOPE—A WOMEN'S CANCER CENTER, P.A., and Raleigh Orthopaedic Clinic, P.A., Plaintiffs,
v.
STATE of North Carolina; Michael F. Easley, Governor of the State of North Carolina, in his official capacity; North Carolina Department of Health and Human Services; Dempsey E. Benton, Secretary of the North Carolina Department of Health and Human Services, in his official capacity; Dan A. Myers, M.D., Chairman of the North Carolina State Health Coordinating Council, in his official capacity; Jeff Horton, Acting Director, Division of Health Service Regulation, North Carolina Department of Health and Human Services, in his official capacity; and Lee B. Hoffman, Chief of the Certificate of Need Section, Division of Health Service Regulation, North Carolina Department of Health and Human Services, in her official capacity, Defendants.
Court of Appeals of North Carolina.https://leagle.com/images/logo.png
May 4, 2010.
May 4, 2010.
Attorney(s) appearing for the Case
Nelson Mullins Riley & Scarborough, L.L.P., by Noah H. Huffstetler, III, Denice M. Gunter, Wallace C. Hollowell, III, Stephen D. Martin, and Elizabeth B. Frock; and North Carolina Institute for Constitutional Law, by Robert F. Orr, Executive Director and Senior Counsel and Jason B. Kay, Senior Staff Attorney, for plaintiffs-appellants.
Roy Cooper, Attorney General, by Mark A. Davis, Special Deputy Attorney General and Angel Gray, Assistant Attorney General, for defendants-appellees.
Bode, Call & Stroupe, L.L.P., by Robert V. Bode and S. Todd Hemphill, for North Carolina Hospital Association, North Carolina Baptist Hospital, and Wake Forest University Health Sciences, amici curiae.
Poyner Spruill LLP, by Kenneth L. Burgess and Jessica M. Lewis, for The North Carolina Health Care Facilities Association, amicus curiae.
K&L Gates LLP, by Gary S. Qualls and William W. Stewart, Jr., for The Charlotte-Mecklenburg Hospital Authority d/b/a Carolinas Healthcare System, Cumberland County Hospital System, Inc. d/b/a Cape Fear Valley Health System, High Point Regional Health System, Pitt County Memorial Hospital, Inc., and Rex Hospital, Inc., amici curiae.
North Carolina Justice Center, by Jack Holtzman, for North Carolina Justice Center, amicus curiae.
Smith Moore Leatherwood LLP, by Maureen Demarest Murray, Terrill Johnson Harris, and Allyson Jones Labban, for Mission Hospitals, Inc., WakeMed, and The Moses H. Cone Memorial Hospital Operating Corporation d/b/a Moses Cone Health System, amici curiae.
Kirschbaum, Nanney, Keenan & Griffin, P.A., by Frank S. Kirschbaum and Chad Lorenz Halliday, for Asheville Radiology Associates, P.A. and Surgical Care Affiliates, L.L.C., amici curiae.
Court of Appeals of North Carolina.
MARTIN, Chief Judge.
The 2008 State Medical Facilities Plan ("the 2008 Plan") was developed by the North Carolina Department of Health and Human Services, Division of Health Service Regulation ("the Department"), under the direction of the North Carolina State Health Coordinating Council ("the Council"). The Council's proposed 2008 Plan was made available to the public for review in the summer of 2007. During this review period, the Council conducted six public hearings...
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