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MISSION HOSPITALS v. DEPT. OF HEALTH

No. COA08-1478.

696 S.E.2d 163 (2010)

MISSION HOSPITALS, INC., Petitioner, and North Carolina Radiation Therapy Management Services, Inc., d/b/a 21st Century Oncology, Petitioner-Intervenor, v. NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES, DIVISION OF HEALTH SERVICE REGULATION (Formerly Division of Facility Services[),] Certificate of Need Section, Respondent, and Asheville Hematology and Oncology Associates, P.A., Respondent-Intervenor.

Court of Appeals of North Carolina.

July 6, 2010.

Attorney(s) appearing for the Case

Smith Moore Leatherwood LLP, Greensboro, by Maureen Demarest Murray and Allyson Jones Labban, for Petitioner.

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P., Raleigh, by Susan H. Hargrove, Sean A. Timmons, and Courtney H. Mischen, for Petitioner-Intervenor.

Attorney General Roy Cooper, by Assistant Attorney General June S. Ferrell, for Respondent.

Bode, Call & Stroupe, L.L.P., Raleigh, by Robert V. Bode, S. Todd Hemphill, Diana Evans Ricketts, and Matthew A. Fisher, for Respondent-Intervenor.

STEPHENS, Judge.

The present matter was before this Court on a prior appeal from a Final Agency Decision ("the first FAD") entered 7 August 2006 by the North Carolina Department of Health and Human Services ("DHHS" or "the Agency"). The pertinent factual background of this matter up to the time of that appeal is set out in our opinion in Mission Hospitals, Inc. v. N.C. Dep't of Health and Human Services, 189 N.C. App. 263, 658 S.E.2d 277

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