Bio-Medical Applications of North Carolina, Inc. v. North Carolina Department of Health & Human Services

JACKSON, Judge.

Plaintiff, Bio-Medical Applications of North Carolina, Inc. (“BMA”), appeals from an order issued 16 November 2004 in Wake County Superior Court dismissing BMA’s claims pursuant to North *485Carolina Rules of Civil Procedure, Rule 12(b)(1), and alternatively, granting summary judgment in favor of defendants, North Carolina Department of Health and Human Services, Division of Facility Services (“DFS”) and North Carolina Department of Health and Human Services, Division of Facility Services, Medical Facilities Planning Section (“the Planning Section”), and defendant-intervenors,…