Iredell Memorial Hospital v. North Carolina Department of Human Resources

COZORT, Judge.

Iredell Memorial Hospital (“Iredell”) and Bryant Street Associates and Iredell Head, Neck & Ear Surgeons, P.A. (“Bryant Street”), on 15 June 1989 applied for a Certificate of Need (“CON”) from the respondent North Carolina Department of Human Resources (“DHR”). The CON applications were for a license to operate freestanding ambulatory surgical facilities. DHR considered the applications concurrently, but not competitively. On 27 November 1989, DHR denied both Iredell’s and Bryant Street’s applications. Both Iredell and Bryant Street filed for contested case hearings in the…