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TOTAL RENAL CARE v. NORTH CAROLINA DHHS

No. COA09-879.

698 S.E.2d 446 (2010)

TOTAL RENAL CARE OF NORTH CAROLINA, LLC d/b/a TRC-Leland, Petitioner, v. NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES, DIVISION OF HEALTH SERVICE REGULATION, CERTIFICATE OF NEED SECTION, Respondent, and Bio-Medical Applications of North Carolina, Inc., d/b/a Fresenius Medical Care of Brunswick County, Respondent-Intervenor.

Court of Appeals of North Carolina.

September 7, 2010.

Attorney(s) appearing for the Case

Poyner Spruill LLP, Raleigh, by William R. Shenton, for petitioner-appellant.

Attorney General Roy A. Cooper, III, by Scott Stroud, for respondent-appellee.

Wyrick Robbins Yates & Ponton LLP, Raleigh, by K. Edward Greene, Lee M. Whitman, and Tobias S. Hampson, for respondent-intervenor-appellee.

STROUD, Judge.

Total Renal Care of North Carolina, LLC d/b/a TRC-Leland appealed the final agency decision affirming the decision of the North Carolina Department of Health and Human Services, Division of Health Service Regulation, Certificate of Need Section to approve the application of Bio-Medical Applications of North Carolina, Inc. d/b/a Fresenius Medical Care of Brunswick County for a new dialysis facility. For the following reasons, we affirm.

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