Issue

Challenge to Certificate of Need law—claims not limited to as-applied challenge—facial challenge implicated—remand required

Summary

In a case challenging the constitutionality of North Carolina's Certificate of Need law, although plaintiffs asserted that their claims constituted an "as-applied" challenge, where the allegations in their complaint, if proven, could render the law unconstitutional in all its applications, the trial court and Court of Appeals mistakenly treated the claims exclusively as as-applied challenges rather than both as-applied and facial challenges. The lower courts' decisions were vacated and the matter was remanded for further proceedings.

Summary from the North Carolina Reports digest (official subject index). Read the opinion →