SINGLETON v. NORTH CAROLINA DHHS

No. COA21-558.

874 S.E.2d 669 (2022)

2022-NCCOA-412

Jay SINGLETON, D.O., and Singleton Vision Center, P.A., Plaintiffs, v. NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES; Roy Cooper, Governor of the State of North Carolina, in his official capacity; Mandy Cohen, North Carolina Secretary of Health and Human Services, in her official capacity; Phil Berger, President Pro Tempore of the North Carolina Senate, in his official capacity; and Tim Moore, Speaker of the North Carolina House of Representatives, in his official capacity, Defendants.

Court of Appeals of North Carolina.

Filed June 21, 2022.


Attorney(s) appearing for the Case

Institute for Justice, by Joshua A. Windham and Renée D. Flaherty , admitted pro hac vice, and Narron Wenzel, P.A., by Benton Sawrey , for plaintiffs-appellants.

Attorney General Joshua H. Stein , by Solicitor General Ryan Y. Park , Assistant Solicitor General Nicholas S. Brod , Assistant Attorney General Derek L. Hunter and Assistant Attorney General John H. Schaeffer , for defendants-appellees.

K&L Gates LLP, by Gary S. Qualls , Susan K. Hackney and Anderson M. Shackelford , for amici curiae Charlotte-Mecklenburg Hospital Authority d/b/a Atrium Health, University Health Systems of Eastern Carolina, Inc. d/b/a Vidant Health, and Cumberland County Hospital System, Inc. d/b/a Cape Fear Valley Health System.

Fox Rothschild, by Marcus C. Hewitt and Troy D. Shelton , for amicus curiae Bio-Medical Applications of North Carolina, Inc.

Law Office of B. Tyler Brooks, PLLC, by B. Tyler Brooks , and Lusby Law, PA, by Christopher R. Lusby for amicus curiae Certificate of Need Scholars.

Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, by Kenneth L. Burgess , Matthew F. Fisher , and Iain M. Stauffer for amici curiae NCHA, Inc. d/b/a North Carolina Healthcare Association, North Carolina Healthcare Facilities Association, North Carolina Chapter of the American College of Radiology, Inc., and North Carolina Senior Living Association.

Parker, Poe, Adams, & Bernstein LLP, by Robert A. Leandro for amici curiae Association for Home and Hospice Care of North Carolina and North Carolina Ambulatory Surgical Center.

John Locke Foundation, by Jonathan D. Guze , for amicus intervenor John Locke Foundation.


¶ 1 Jay Singleton, D.O. and Singleton Vision Center, P.A. (collectively "Plaintiffs") appeal from an order entered, which granted the motion to dismiss by the North Carolina Department of Health and Human Services ("DHHS"); Roy Cooper, in his capacity as Governor of the State of North Carolina; Mandy H. Cohen, in her capacity...

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