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HCA CROSSROADS RES. CENTERS v. DEPT. OF H.R.

No. 79PA90.

398 S.E.2d 466 (1990)

327 N.C. 573

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.

Supreme Court of North Carolina.

December 5, 1990.

Attorney(s) appearing for the Case

Petree, Stockton & Robinson by Noah H. Huffstetler, III, Raleigh, for petitioner-appellant HCA Crossroads Residential Centers, Inc.

Bode, Call & Green by Robert V. Bode, Nancy O. Mason and Diana E. Ricketts, Raleigh, for petitioner-appellant Laurel Wood of Henderson, Inc.

Lacy H. Thornburg, Atty. Gen. by Richard A. Hinnant, Jr., and James A. Wellons, Asst. Attys. Gen., Raleigh, for respondent-appellee Dept. of Human Resources.

Johnson, Gamble, Hearn & Vinegar by George G. Hearn and Samuel H. Johnson, Raleigh, for North Carolina Health Care Ass'n, amicus curiae.

MITCHELL, Justice.

The controlling issue before this Court is whether the Department of Human Resources ("Department") lost subject matter jurisdiction when it failed to act, within the time prescribed by law, on applications for certificates of need for construction of chemical dependency treatment facilities. We conclude that when the prescribed statutory review period ended with the Department having failed to act, the Department was deemed as a matter of law to...

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