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Top NC court rejects case that could block Weaverville hospital
The North Carolina Supreme Court has decided not to take a case that could have blocked a new hospital in Weaverville.
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Top NC court rules against DHHS, Duke in Wake County CON dispute
The North Carolina Supreme Court has upheld a lower court ruling against the Department of Health and Human Services and Duke Health in a Wake County certificate-of-need dispute. The court clarified that an applicant who loses a CON to a competitor has suffered “substantial prejudice,” one of the factors necessary for a successful court challenge.
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NC Supreme Court affirms ruling against DEQ over animal waste rules
The North Carolina Supreme Court upheld Friday a lower court’s decision favoring the North Carolina Farm Bureau in a legal battle with state environmental regulators. The high court split, 5-2, in determining that three provisions in the state’s general animal-waste permits should have been subjected to the state’s rulemaking process.
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Louisiana ruling could end NC federal farm labor rule dispute
North Carolina farmers' federal lawsuit challenging changes to the H-2A visa program could end soon, thanks to a similar case in Louisiana. US Justice Department lawyers filed a court document Monday asking a judge to dismiss the North Carolina case as moot.
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DHHS defends authority to appeal CON case court rulings
The North Carolina Department of Health and Human Services defended this week its legal authority to file appeals in court disputes involving state certificates of need. A state Supreme Court order last month raised questions about DHHS’ right to appeal CON rulings.
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DHHS opposes plea for top NC court to define ‘substantial prejudice’ in CON cases
The North Carolina Department of Health and Human Services is asking the state’s highest court to reject a Virginia-based health care provider’s appeal in a certificate-of-need dispute. The appeal asks for a legal definition of the term “substantial prejudice.”
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Top NC court asked to define ‘substantial prejudice’ in CON disputes
A Virginia-based health care provider is asking North Carolina’s highest court to clarify rules surrounding disputes over the Tar Heel State’s certificate-of-need law. A petition Monday asks the court to clarify the meaning of “substantial prejudice.”
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Top NC court asks whether DHHS can appeal CON rulings
The North Carolina Supreme Court is raising questions about state health regulators’ authority to appeal decisions in certificate-of-need cases. A court order Friday calls on parties in a Wake County CON dispute to address the issue.
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Top NC court urged to reject CON case involving Weaverville hospital
AdventHealth is asking the North Carolina Supreme Court to reject competitor Mission Health’s legal case against a new hospital in Weaverville. The high court issued a temporary stay last month in the dispute.
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Top NC court grants stay in western NC CON dispute
The North Carolina Supreme Court has granted a temporary stay in a certificate-of-need case involving new hospital beds in western North Carolina. Mission Health is asking the court to resolve “contradictory” and “confusing” rulings in state CON disputes.
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Top NC court urged to address ‘contradictory,’ ‘confusing’ CON rulings
Lawyers for Mission Health are asking the North Carolina Supreme Court to address “contradictory” and “confusing” rulings involving the state’s certificate-of-need law. A petition Wednesday urges the high court to take up a CON dispute over 67 new hospital beds in western North Carolina.
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Top NC court to decide fate of challenged animal waste permit conditions
The North Carolina Supreme Court must decide whether three challenged conditions in state animal waste permits are state government rules. If so, those conditions would be thrown out because they didn’t go through the state’s rulemaking process.
