Durham Meridian Ltd. Partnership v. North Carolina Department of Human Resources

Supreme Court of North Carolina
Durham Meridian Ltd. Partnership v. North Carolina Department of Human Resources, 327 N.C. 586 (N.C. 1990)
398 S.E.2d 474; 1990 N.C. LEXIS 984
Frye, Martin, Whichard

Durham Meridian Ltd. Partnership v. North Carolina Department of Human Resources

Opinion of the Court

MARTIN, Justice.

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.

*587Vacated and remanded.

Dissenting Opinion

Justice WHICHARD

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.

Justice FRYE joins in this dissenting opinion.

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