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BLUE RIDGE HEALTHCARE HOSPITALS v. DHHS

No. COA17-137.

808 S.E.2d 271 (2017)

BLUE RIDGE HEALTHCARE HOSPITALS INC. d/b/a Carolinas Healthcare System-Blue Ridge, Petitioner, v. NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES, DIVISION OF HEALTH SERVICE REGULATION, HEALTHCARE PLANNING AND CERTIFICATE OF NEED SECTION, Respondent, and Caldwell Memorial Hospital, Inc. and SCSV, LLC, Respondent-intervenors.

Court of Appeals of North Carolina.

Filed: September 19, 2017.

Attorney(s) appearing for the Case

Smith Moore Leatherwood LLP, by Maureen Demarest Murray , Carrie A. Hanger , Greensboro, and Matthew Nis Leerberg , Raleigh, for petitioner-appellant Blue Ridge Healthcare Hospitals, Inc. d/b/a Carolinas Healthcare System-Blue Ridge.

Attorney General Joshua H. Stein , by Assistant Attorney General Jill A. Bryan and Special Deputy Attorney General June Ferrell , for respondent-appellee North Carolina Department of Health and Human Services.

Williams Mullen , Raleigh, by Joy Heath and Elizabeth D. Scott , for respondent-intervenors-appellees Caldwell Memorial Hospital, Inc. and SCSV, LLC.

Blue Ridge Healthcare Hospitals, Inc. d/b/a Carolinas Healthcare System-Blue Ridge ("Blue Ridge") appeals from a final decision of the Administrative Law Judge ("ALJ"), which granted summary judgment in favor of the North Carolina Department of Health and Human Services ("DHHS"), Caldwell Memorial Hospital, Inc. ("Caldwell Memorial...

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