Opinion
No. 126PA90
Filed 10 January 1991
ON petitioner-appellant's petition for discretionary review (prior to a determination by the Court of Appeals) of the 11 August 1989 final decision of the Department of Human Resources by I.Q. Wilkerson, Jr., Director, Division of Facility Services. Submitted on briefs without oral argument 10 December 1990.
Thompson Burgess, by Kenneth L. Burgess, for petitioner-appellant.
Lacy H. Thornburg, Attorney General, by James A. Wellons, Assistant Attorney General, for North Carolina Department of Human Resources, respondent-appellee.
Womble, Carlyle, Sandridge Rice, by Roddey M. Ligon, Jr., and M. Elizabeth Gee, for Duke University, intervenor-respondent-appellee.
Under the rationale and holding in HCA Crossroads Residential Ctrs. v. N.C. Dept. of Human Res., 327 N.C. 573, 398 S.E.2d 466 (1990), the final decision of the Department of Human Resources entered 11 August 1989 is vacated. The Department must issue the Certificate of Need for which the petitioner-appellant has applied. The matter is remanded to the Department for further proceedings not inconsistent with this decision. Durham Meridian Partnership v. N.C. Dept. of Human Res., 327 N.C. 586, 398 S.E.2d 474 (1990).
Vacated and remanded.