Living Centers-Southeast, Inc. v. N.C. Department of Health & Human Services

HUNTER, Judge.

Petitioners Living Centers-Southeast, Inc. (“LC-SE”), Lutheran Retirement Center-Wilmington, Inc. (“Lutheran”), and New Hanover Health Care Center, L.L.C. (“NHHC”), appeal a final agency decision wherein the North Carolina Department of Health and Human Services, Division of Facility Services, Certificate of Need Section (“Department”), by summary judgment, denied each of their applications for a certificate of need and awarded it to Devin Partnership and Devin Health Care Associates, LLC (“Devin”). The certificate of need in question is for the construction of a nursing…