Retirement Villages, Inc. v. North Carolina Department of Human Resources

LEWIS, Judge.

This appeal arises out of an award by the Department of Human Resources (“the Agency’') of a certificate of need (“CON”) to respondents Beaver Properties/Wallace, Inc. and Brian Center Health & Retirement/Wallace, Inc. (collectively “Beaver Properties”) and the denial of a CON application by Retirement Villages, Inc. and Liberty Healthcare Limited Partnérship, d/b/a Countryside Villa of Duplin (collectively “Countryside Villa”).

The 1993 State Medical Facilities Plan identified a need for thirty nursing home beds in Duplin County. In response to this need, Countryside Villa…