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WAKEMED v. DEPT. OF HEALTH AND HUMAN SERV'S

No. COA12-364.

737 S.E.2d 754 (2013)

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, Respondent-Intervenor.

Court of Appeals of North Carolina.

January 15, 2013.

Attorney(s) appearing for the Case

Smith Moore Leatherwood LLP, Greensboro, by Maureen Demarest Murray and Susan McNear Fradenburg , for petitioner-appellant.

Attorney General Roy Cooper , by Special Deputy Attorney General June S. Ferrell , for respondent-appellee.

K & L Gates LLP, Morrisville, by Gary S. Qualls and William W. Stewart, Jr. , for respondent-intervenor-appellee.

CALABRIA, Judge.

WakeMed appeals the Final Agency Decision ("FAD") of the North Carolina Department of Health and Human Services, Division of Health Service Regulation ("the Department"), awarding a certificate of need ("CON") to Rex Hospital, Inc. d/b/a Rex Healthcare ("Rex"). We affirm.

I. Background

On 15 June 2010, Rex submitted a CON application ("the application") to the Department, proposing to construct an addition to Rex Hospital...

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