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CEDARBROOK RESIDENTIAL v. DEPT. OF HEALTH

No. COA21-194.

868 S.E.2d 623 (2021)

2021-NCCOA-689

CEDARBROOK RESIDENTIAL CENTER, INC. and Fred Leonard, Plaintiffs, v. N.C. DEPARTMENT OF HEALTH AND HUMAN SERVICES, Division of Health Service Regulation, Adult Care Licensure Section, Defendant.

Court of Appeals of North Carolina.

Filed December 21, 2021.

Attorney(s) appearing for the Case

Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P., Greensboro, by Joseph A. Ponzi and Howard L. Williams , for plaintiffs-appellees.

Robinson, Bradshaw & Hinson, P.A., by Adam K. Doerr , Charlotte, and Demi Lorant Bostian , Chapel Hill; and North Carolina Department of Justice, by Senior Deputy Attorney General Amar Majmundar , for defendant-appellant.

¶ 1 The North Carolina Department of Health and Human Services ("defendant") appeals from the Commission's denial of defendant's motion to dismiss. Defendant contends that the claims of Cedarbrook Residential Center Inc. and Fred Leonard ("plaintiffs") are barred by the public duty doctrine, alternatively arguing that plaintiffs...

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