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CEDARBROOK RESIDENTIAL CENTER v. N.C. DHHS

No. 36A22.

881 S.E.2d 558 (2022)

2022-NCSC-120

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

Supreme Court of North Carolina.

Filed December 16, 2022.

Attorney(s) appearing for the Case

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

Robinson, Bradshaw & Hinson, P.A., by Adam K. Doerr , Charlotte, and Demi Lorant Bostian ; Chapel Hill, and Joshua H. Stein , Attorney General, by Amar Majmundar , Special Deputy Attorney General, for defendant-appellant.

Disability Rights North Carolina by Lisa Grafstein , Raleigh, and Kristine Sullivan , for Disability Rights North Carolina, Friends of Residents in Long Term Care, AARP, and AARP Foundation, amici curiae.

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, LLP, Raleigh, by John E. Harris and James C. Wrenn, Jr. , for North Carolina Senior Living Association and North Carolina Assisted Living Association, amici curiae.

¶ 1 This case arises from a dispute between plaintiffs Cedarbrook Residential Center, Inc., an adult care home, and its owner, Fred Leonard, on the one hand, and defendant North Carolina Department of Health and Human Services, on the other hand, arising from certain regulatory actions taken by the department in response to...

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