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RIDGE CARE, INC. v. NORTH CAROLINA DHHS

No. COA10-1316.

716 S.E.2d 390 (2011)

RIDGE CARE, INC., Kerner Ridge, LLC, Mallard Ridge, LLC, Deerfield Ridge, LLC, Walnut Ridge Assisted Living, LLC, And Bluestone Enterprises, Inc., Petitioners, v. NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES, Division of Facility Services, Certificate of Need Section, Robert J. Fitzgerald in his official capacity as Director of the Division of Facility Services, and The State of North Carolina, Respondents, and Carillon Assisted Living, LLC, Respondent-Intervenor.

Court of Appeals of North Carolina.

August 16, 2011.

Attorney(s) appearing for the Case

Smith Moore Leatherwood LLP, Greensboro, by Susan M. Fradenburg , for petitioners-appellants.

Attorney General Roy Cooper , by Assistant Attorney General Angel E. Gray , for respondents-appellees.

Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P., Greensboro, by Jim W. Phillips, Jr. and Charles F. Marshall III , for respondent-intervenor-appellee.

STEELMAN, Judge.

This Court is bound by its prior decisions and must hold that DHHS was authorized to enter into a settlement agreement with Carillon in 2007. Where the 2000 and 2007 Settlement agreements were outside of the CON Law, petitioners' constitutional challenges must fail. The Attorney General was not required to execute the 2007 Settlement Agreement. Petitioners have failed to demonstrate prejudice.

I. Factual and Procedural Background<...

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