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CAROMONT v. DEPT. OF HEALTH & HUMAN SERVS.

No. COA12-1044.

751 S.E.2d 244 (2013)

CAROMONT HEALTH, INC., Gaston Memorial Hospital, Inc. and Caromont Ambulatory Services, LLC d/b/a Caromont Endoscopy Center, Petitioners, v. NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES DIVISION OF HEALTH SERVICE REGULATION, Certificate of Need Section, Respondent, and Greater Gaston Center LLC, Respondent-Intervenor.

Court of Appeals of North Carolina.

December 3, 2013.

Attorney(s) appearing for the Case

Bode, Call & Stroupe, L.L.P., Raleigh, by S. Todd Hemphill and Matthew A. Fisher , for petitioners-appellants.

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

Smith Moore Leatherwood, LLP, Greensboro, by Maureen Demarest Murray and Carrie A. Hanger , for respondent-intervenor-appellee.

GEER, Judge.

Petitioners CaroMont Health, Inc., Gaston Memorial Hospital, Inc., and CaroMont Ambulatory Services, LLC, d/b/a CaroMont Endoscopy Center (collectively "CaroMont") appeal from the final agency decision of the N.C. Department of Health and Human Services, Division of Health Service Regulation, Certificate of Need Section ("the Agency"), dismissing their petition under Rule 41(b) of the Rules of Civil Procedure. We hold that the Agency properly concluded...

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