Friday's Internet Edition, 07:16 PM, May 09, 2008.
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The NC Court of Appeals issued an order in Novant’s favor May 1, allowing it to file comments with the state’s Certificate of Need (CON) section in opposition of NCBH’s latest application to build a 50-bed hospital at Hillsdale.
It will also allow them to make a presentation at the May 12 public hearing, although they have not yet decided if they will, according to Freda Springs, Novant’s media relations manager.
A statement issued May 1 by Novant said, “The appeals court ruling means that we can participate in the CON process to the full extent allowed by law, including meeting today’s deadline to file comments on Baptist’s March 17 application with the state. Our focus remains on continuing to move forward to bring outstanding health programs and medical care closer to home for our patients in western Forsyth and Davie counties.”
The battle began April 18 when NCBH filed a civil lawsuit for an injunction against Novant, in an attempt to prevent Novant from opposing its March 17 application. NCBH referred to an agreement entered into by both parties in 2006 that prevents either from opposing an application that is not competitive. NCBH contends its latest CON application is not competitive because Novant did not file its own during the same filing period.
Baptist received a preliminary injunction April 25, but Novant appealed that ruling to the NC Court of Appeals and were granted a Writ of Supersedeas, which stays, or halts, the April 25 injunction order.
The stay is effective until Novant’s appeal is heard.
Donny Lambeth, interim president and CEO of NCBH, said, “We are disappointed with the court’s decision and Novant’s decision not to comply with an agreement that Novant itself initiated. The effect of the court’s decision is to allow Novant to ... subscribe to the Davie County Enterprise Record, P.O. Box 99, Mocksville, N.C. 27028.