Iredell Digestive Disease Clinic v. Petrozza

Judge COZORT

dissenting.

I believe the trial court erred in denying the plaintiffs request for a preliminary injunction. I must, therefore, dissent from the majority opinion affirming the trial court’s order.

The majority holds that “the trial court was correct in finding that the public health and welfare would be harmed if there were only one gastroenterologist in Statesville.” In support of this holding, the majority states: “The public’s interest in adequate health care must predominate over the parties’ freedom of contract.” The majority further concludes that enforcement of the contract…