Carillon Assisted Living, LLC v. North Carolina Department of Health & Human Services

TYSON, Judge.

Carillon Assisted Living, LLC (“petitioner”) appeals from order entered granting the North Carolina Department of Health and Human Services, Adult Care Licensure Section’s (“DHHS”) motion to dismiss petitioner’s constitutional, breach of contract, and damages claims and its claims against DHHS and the State for lack of jurisdiction and summary judgment for respondents on all remaining claims. We reverse and remand.

I. Background

Karen Moriarty Penry founded Carillon Assisted Living, LLC in 1996. Petitioner established an office in Raleigh to develop assisted living facilities in…