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FMSH L.L.C. v. HEALTH & HUMAN SERVICES

No. COA20-102.

865 S.E.2d 666 (2021)

2021-NCCOA-451

FMSH L.L.C., Petitioner, v. NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES, Division of Health Service Regulation, Healthcare Planning and Certificate of Need Section, Respondent, and Sentara Albemarle Regional Medical Center, LLC, and Sentara Healthcare, Respondent-Intervenors.

Court of Appeals of North Carolina.

Filed September 7, 2021.

Attorney(s) appearing for the Case

Attorney General Joshua H. Stein , by Assistant Attorney Generals Bethany A. Burgon and Kimberly Randolph , and Fox Rothschild LLP, by Marcus C. Hewitt and Elizabeth Sims Hedrick, for the Respondent-and Respondent-Intervenor-Appellants.

FMSH, L.L.C., by Managing Member Catherine Fleming, pro se.

Wyrick Robbins Yates & Ponton LLP, Raleigh, by Frank Kirschbaum and Charles George , for amicus curiae The County of Franklin, North Carolina.

Nelson Mullins Riley & Scarborough LLP, Winston-Salem, by Denise M. Gunter and Chelsea K. Barnes , for amicus curiae FirstHealth of the Carolinas, Inc.

Poyner Spruill, LLP, by Matthew Fisher , for amici curiae NCHA, Inc., and North Carolina Baptist Hospital.

K&L Gates, LLP, by Gary Qualls and Susan Hackney , for amici curiae University Health Systems of Eastern Carolina, Inc. d/b/a Vidant Health and The Outer Banks Hospital, Inc.

Fox Rothschild, LLP, Greensboro, by Terrill Johnson Harris , for amici curiae The Moses H. Cone Memorial Hospital Operating Corporation and The Moses H. Cone Memorial Hospital.

¶ 1 Respondent Healthcare Planning and Certificate of Need Section of the North Carolina Department of Health and Human Services (the "Agency") and Respondent-Intervenors Sentara Albemarle Regional Medical Center, LLC, and Sentara Healthcare (together, "Sentara") appeal from the final decision of an administrative law judge...

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