In re Conditional Approval of Certificate of Need Application of Health Care & Retirement Corp. of America

PHILLIPS, Judge.

Our review of this appeal is governed by G.S. 150A-51, the most pertinent parts of which state that:

The court may affirm the decision of the agency or remand the case for further proceedings; or it may reverse or modify the decision if the substantial rights of the petitioners may have been prejudiced because the agency findings, inferences, conclusions, or decisions are:(5) Unsupported by substantial evidence admissible under G.S. 150A-29(a) or G.S. 150A-30 in view of the entire record as submitted; or(6) Arbitrary or capricious.

Britthaven first argues that the findings of…