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

641 S.E.2d 303, 361 N.C. 229, 2007 N.C. LEXIS 218

Opinion

PER CURIAM.

The North Carolina Department of Health and Human Services (DHHS) issued a semi-annual dialysis report indicating a need for additional dialysis service stations in Wake County. Bio-Medical Applications of North Carolina, Inc. (Bio-Medical) brought an action in Wake County Superior Court challenging the data on which the semi-annual report was based and requesting a declaratory judgment, as well as preliminary and permanent injunctions and a writ of mandamus. DHHS and defendant-intervenors moved for dismissal, and a Superior Court judge dismissed the action and granted summary judgment in their favor.

Bio-Medical appealed to the North Carolina Court of Appeals. While the appeal was pending, DHHS issued a Certificate of Need to defendant-intervenor Total Renal Care of North Carolina, LLC (Total Renal Care) to construct ten new dialysis service centers in Wake County. Bio-Medical contested the Certificate of Need issuance in an administrative hearing, but the final agency decision upheld the issuance. Bio-Medical did not appeal the agency decision. Thereafter, a divided panel of the Court of Appeals affirmed the trial court’s ruling.

Bio-Medical filed an appeal with this Court based on the Court of Appeals’ dissent, as well as a petition for a writ of supersedeas. DHHS and Total Renal Care filed separate motions to dismiss Bio-Medical’s appeal based on mootness.

After hearing oral arguments and carefully reviewing the record, the parties’ briefs, and all other documents submitted, the Court concludes that Bio-Medical’s claim is moot. Accordingly, Bio-Medical’s appeal is dismissed.

APPEAL DISMISSED AS MOOT.

Justice TIMMONS-GOODSON did not participate in the consideration or decision of this case.