Durham Meridian Ltd. Partnership v. North Carolina Department of Human Resources
Durham Meridian Ltd. Partnership v. North Carolina Department of Human Resources
Opinion of the Court
For the reasons set forth in HCA Crossroads Residential Centers, Inc. and Laurel Wood of Henderson, Inc. v. North Carolina Department of Human Resources, Division of Facility Services, Certificate of Need Section, 327 N.C. 573, 398 S.E.2d 466 (1990), the final decision of the Department of Human Resources entered 1 May 1989 in this cause is vacated.
In accordance with the reasoning and holding in HCA Crossroads Residential Centers, Inc., et al. v. North Carolina Department of Human Resources, above referred to, the department must now issue the certificates of need applied for by petitioners and intervenor-r espondents.
The final decision of the Department of Human Resources is vacated, and this cause is remanded to that department for further proceedings not inconsistent with this opinion.
Dissenting Opinion
dissenting.
For the reasons stated in my dissenting opinion in HCA Crossroads Residential Centers, Inc. v. N.C. Dept, of Human Resources, filed simultaneously herewith, I respectfully dissent.
Reference
- Full Case Name
- DURHAM MERIDIAN LIMITED PARTNERSHIP and MERIDIAN HEALTHCARE, INC. v. NORTH CAROLINA DEPARTMENT OF HUMAN RESOURCES, DIVISION OF FACILITY SERVICES, CERTIFICATE OF NEED SECTION, and DURHAM LIMITED PARTNERSHIP and NORTHWOOD NURSING CENTER, INC., Intervenor-Respondents
- Cited By
- 1 case
- Status
- Published