Legal Opinion

Hospital Group of Western North Carolina, Inc. v. North Carolina Department of Human Resources

Court of Appeals of North Carolina

Decided August 6, 1985No. 8410DHR1194PublishedCited by 13 opinions

1Opinion of the Court

PARKER, Judge.

On appeal, petitioner presents two questions for review: (i) whether G.S. 131E-175, et seq., is constitutional, and (ii) whether certain findings of fact and conclusions of law are supported by the evidence.

Petitioner contends that G.S. 131E-175, et seq., is unconstitutional and notes that our Supreme Court, in In re Hospital, 282 N.C. 542, 193 S.E. 2d 729 (1973), struck down the former certificate of need law, codified at G.S. 90-291, et seq., because it constituted a deprivation of liberty in violation of Article I, § 19 of the North Carolina Constitution. After Hospital was…

2Cases cited9 opinions

  1. Thompson v. Wake County Board of EducationSupreme Court of North Carolina · 1977
  2. In Matter of RogersSupreme Court of North Carolina · 1979
  3. State ex rel. Commissioner of Insurance v. North Carolina Fire Insurance Rating BureauSupreme Court of North Carolina · 1977
  4. Great American Insurance Company v. GoldSupreme Court of North Carolina · 1961
  5. State v. JonesSupreme Court of North Carolina · 1955

4 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Living Centers-Southeast, Inc. v. N.C. Department of Health & Human ServicesCourt of Appeals of North Carolina · 2000
  2. Total Renal Care of North Carolina LLC v. North Carolina Department of HealthCourt of Appeals of North Carolina · 2009
  3. Caromont Health, Inc. v. North Carolina Department of HealthCourt of Appeals of North Carolina · 2013
  4. Good Hope Health System, L.L.C. v. N.C. Department of Health & Human ServicesCourt of Appeals of North Carolina · 2008
  5. In Re the Appeal From the Approval of the Application of Wake Kidney Clinic, P.A.Court of Appeals of North Carolina · 1987

8 more not listed; retrieve them via the Exa API.

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