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Recovery Centers, Am. v. N.C. Dept., Human Resources

Supreme Court of North Carolina
Jan 1, 1991
399 S.E.2d 112 (N.C. 1991)

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.


Summaries of

Recovery Centers, Am. v. N.C. Dept., Human Resources

Supreme Court of North Carolina
Jan 1, 1991
399 S.E.2d 112 (N.C. 1991)
Case details for

Recovery Centers, Am. v. N.C. Dept., Human Resources

Case Details

Full title:RECOVERY CENTERS OF AMERICA, INC., D/B/A NEW BEGINNINGS OF NORTH CAROLINA…

Court:Supreme Court of North Carolina

Date published: Jan 1, 1991

Citations

399 S.E.2d 112 (N.C. 1991)
399 S.E.2d 112