Recovery Centers of Am., Inc. v. North Carolina Dep't of Human Resources, 399 S.E.2d 112 (N.C. 1991). · Go Syfert
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Recovery Centers of Am., Inc. v. North Carolina Dep't of Human Resources, 399 S.E.2d 112 (N.C. 1991). Cases Citing This Book View Copy Cite
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RECOVERY CENTERS OF AMERICA, INC., d/b/a NEW BEGINNINGS OF NORTH CAROLINA
v.
NORTH CAROLINA DEPARTMENT OF HUMAN RESOURCES, DIVISION OF FACILITY SERVICES, CERTIFICATE OF NEED SECTION, and DUKE UNIVERSITY, Intervenor-Respondent-Appellee
No. 126PA90.
Supreme Court of North Carolina.
Jan 10, 1991.
399 S.E.2d 112
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. Ligón, Jr., and M. Elizabeth Gee, for Duke University, intervenorrespondent-appellee.
Exum, Frye, Whichard.
Published

Lead Opinion

EXUM, Chief Justice.

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[*82] 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.

Concurrence

Justice WHICHARD

concurring.

While I continue to adhere to the reasoning in my dissenting opinion in HCA Crossroads Residential Ctrs. v. N.C. Dept. of Human Res., 327 N.C. 573, 398 S.E.2d 466 (1990), the majority opinion there is now the law governing this case. For this reason, I concur in the foregoing opinion.

Justice FRYE joins in this concurring opinion.