Legal Opinion

In Re the Construction of a Health Care Facility Ex Rel. Wilkesboro, Ltd.

Court of Appeals of North Carolina

Decided January 5, 1982No. 8123SC321PublishedCited by 9 opinions

1Opinion of the Court

MORRIS, Chief Judge.

The North Carolina Certificate of Need Law, G.S. 131-175 et seq., effective 1 January 1979, recognized, among other things, the “trend of proliferation of unnecessary health care facilities and equipment” and the resulting “costly duplication and underuse of facilities,” G.S. 131-175(4). The General Assembly, in enacting the Law, found further:

That the general welfare and protection of lives, health and property of the people of this State require that new institutional health services to be offered within this State be subject to review and evaluation as to type, level,…

2Cases cited2 opinions

  1. Orange County v. Department of TransportationCourt of Appeals of North Carolina · 1980
  2. In Re the Assessment of Additional Sales & Use Taxes Against Halifax Paper Co.Supreme Court of North Carolina · 1963

3Cited by9 opinions

  1. Hedgepeth v. North Carolina Division of Services for the BlindCourt of Appeals of North Carolina · 2001
  2. Humana of Kentucky, Inc. v. NKC Hospitals, Inc.Kentucky Supreme Court · 1988
  3. Rutherford Hospital, Incorporated v. Rnh PartnershipCourt of Appeals for the Fourth Circuit · 1999
  4. Hospice at Greensboro, Inc. v. North Carolina Department of Health & Human Services of Facility ServicesCourt of Appeals of North Carolina · 2007
  5. Charlotte-Mecklenburg Hospital Authority v. North Carolina Department of Human ResourcesCourt of Appeals of North Carolina · 1986

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