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AH NORTH CAROLINA OWNER LLC v. THE AGENCY

No. COA13-1126.

771 S.E.2d 537 (2015)

AH NORTH CAROLINA OWNER LLC d/b/a The Heritage of Raleigh, Petitioner, v. N.C. DEPARTMENT OF HEALTH AND HUMAN SERVICES, Division of Health Service Regulation, Certificate of Need Section, Respondent, and Hillcrest Convalescent Center, Inc.; E.N.W., LLC and Bellarose Nursing and Rehab Center, Inc.; Liberty Healthcare Properties of West Wake County, LLC, Liberty Commons Nursing and Rehabilitation Center of West Wake County, LLC, Liberty Healthcare Properties of Wake County LLC, and Liberty Commons Nursing and Rehabilitation Center of Wake County, LLC; and Britthaven, Inc. and Spruce LTC Group, LLC, Respondent-Intervenors. Hillcrest Convalescent Center, Inc., Petitioner, v. N.C. Department of Health and Human Services, Division of Health Service Regulation, Certificate of Need Section, Respondent, and E.N.W., LLC and Bellarose Nursing and Rehab Center, Inc.; Liberty Healthcare Properties of West Wake County, LLC, Liberty Commons Nursing and Rehabilitation Center of West Wake County, LLC, Liberty Healthcare Properties of Wake County LLC, and Liberty Commons Nursing and Rehabilitation Center of Wake County, LLC; Britthaven, Inc. and Spruce Ltc Group, LLC; and Ah North Carolina Owner LLC d/b/a The Heritage of Raleigh, Respondent-Intervenors. Liberty Healthcare Properties of West Wake County, LLC, Liberty Commons Nursing and Rehabilitation Center of West Wake County, LLC, Liberty Healthcare Properties of Wake County LLC, and Liberty Commons Nursing and Rehabilitation Center of Wake County, LLC, Petitioner, v. N.C. Department of Health and Human Services, Division of Health Service Regulation, Certificate of Need Section, Respondent, and Hillcrest Convalescent Center, Inc.; E.N.W., LLC and Bellarose Nursing and Rehab Center, Inc.; Britthaven, Inc. and Spruce Ltc Group, LLC; and AH North Carolina Owner LLC d/b/a The Heritage of Raleigh, Respondent-Intervenors.

Court of Appeals of North Carolina.

April 7, 2015.

Attorney(s) appearing for the Case

Parker Poe Adams & Bernstein LLP, by Renee J. Montgomery , Robert A. Leandro , Raleigh, and Dac Cannon , for petitioner The Heritage.

Wyrick Robbins Yates & Ponton LLP, Raleigh, by K. Edward Greene , Lee M. Whitman , and Tobias S. Hampson , for petitioner Liberty.

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

Smith Moore Leatherwood LLP, by Marcus C. Hewitt and Elizabeth Sims Hedrick , Raleigh, for respondent-intervenor Britthaven.

North Carolina Department of Health and Human Services, Division of Health Service Regulation, Certificate of Need Section ("the Agency"); AH North Carolina Owner LLC d/b/a The Heritage of Raleigh ("The Heritage"); and Britthaven, Inc. and Spruce LTC Group, LLC (collectively "Britthaven") appeal from the Final Decision of the administrative...

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