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DUKE UNIVERSITY HEALTH SYSTEM v. N.C. DHHS

No. COA23-351.

905 S.E.2d 729 (2024)

DUKE UNIVERSITY HEALTH SYSTEM INC., Petitioner, v. N.C. DEPARTMENT OF HEALTH AND HUMAN SERVICES, Division of Health Service Regulation, Health Care Planning & Certificate of Need Section, Respondent, and University of North Carolina Hospitals at Chapel Hill and University of North Carolina Health Care System, Respondent-Intervenors.

Court of Appeals of North Carolina.

Filed August 6, 2024.

Attorney(s) appearing for the Case

Baker, Donelson, Bearman, Caldwell & Berkowitz, a Professional Corporation, by Kenneth L. Burgess, Matthew A. Fisher, Iain M. Stauffer, and William F. Maddrey, for petitioner-appellant.

Attorney General Joshua H. Stein, by Special Deputy Attorney General Derek L. Hunter, for respondent-appellee.

Nelson Mullins Riley & Scarborough LLP, by Noah H. Huffstetler, III, Raleigh, Candace S. Friel, Lorin J. Lapidus, Winston-Salem, Nathaniel J. Pencook, and D. Martin Warf, Raleigh, for respondent-intervenor.

When an appellant challenges the substantive determinations of an administrative law judge ("ALJ") on appeal from a contested case hearing for a certificate of need, we review the decision for substantial evidence on the whole record. However, where our statutes dictate the proper scope...

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