All opinions are subject to modification and technical correction prior to official publication in the North Carolina Reports and North Carolina Court of Appeals Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the North Carolina Reports and North Carolina Court of Appeals Reports, the latest print version is to be considered authoritative.
GOOD HOPE HOSPITAL, INC. and GOOD HOPE HEALTH SYSTEM, L.L.C.,
Petitioners,
and TOWN OF LILLINGTON, Petitioner-Intervenor v.
NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES, DIVISION
OF FACILITY SERVICES, CERTIFICATE OF NEED SECTION, Respondent,
and
BETSY JOHNSON REGIONAL HOSPITAL, INC., and AMISUB OF NORTH
CAROLINA, INC. d/b/a CENTRAL CAROLINA HOSPITAL, Respondent-
Intervenors
Appeal pursuant to N.C.G.S. § 7A-30(2) from the
decision of a divided panel of the Court of Appeals, 175 N.C.
App. 309, 623 S.E.2d 315 (2006), affirming a final agency
decision issued 1 November 2004 by the North Carolina Department
of Health and Human Services. Heard in the Supreme Court 18
October 2006.
Smith Moore LLP, by Maureen Demarest Murray and William
W. Stewart, Jr.
, for petitioner-appellants, and Morgan,
Reeves and Gilchrist, by C. Winston Gilchrist, for
petitioner-intervenor-appellant.
Roy Cooper, Attorney General, by Melissa L. Trippe,
Special Deputy Attorney General, for respondent-
appellee.
Nelson Mullins Riley & Scarborough LLP, by Noah H.
Huffstetler, III, and Wyrick Robbins Yates & Ponton
LLP, by K. Edward Greene, for respondent-intervenor-
appellee Betsy Johnson Regional Hospital, Inc.
Bode, Call & Stroupe, L.L.P., by S. Todd Hemphill, for
respondent-intervenor-appellee Amisub of North
Carolina, Inc. d/b/a Central Carolina Hospital.
Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P.,
by Forrest W. Campbell, Jr., for North Carolina
Hospital Association, amicus curiae.
PER CURIAM.
AFFIRMED.
Justice TIMMONS-GOODSON did not participate in the
consideration or decision of this case.
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