South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
NewCon Construction, Inc. vs. SCDOT

AGENCY:
South Carolina Department of Transportation

PARTIES:
Petitioners:
NewCon Construction, Inc.

Respondents:
South Carolina Department of Transportation
 
DOCKET NUMBER:
01-ALJ-19-0518-IJ

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

This matter is before the Administrative Law Judge Division pursuant to the Petition for Writ of Mandamus filed by NewCon Construction, Inc. ("Petitioner") on November 14, 2001. Petitioner asked the undersigned to order the Department of Transportation ("Department") to process NewCon's application for additional certifications as a DBE without further delay and to find that attempts to narrowly construe the order of March 6, 2001, or to further delay the certification process will be punishable by contempt of court. On December 5, 2001, the Department filed a Return to the Petition for Writ of Mandamus, arguing the Petition should be dismissed because: (1) it is not supported by an affidavit or verified complaint; and (2) the Department issued a denial of certification on December 5, 2001, rendering the Petition moot.

An issue is moot when a judgment on the issue will have no practical effect on an existing case or controversy. Mathis v. South Carolina State Highway Dep't, 260 S.C. 344, 195 S.E.2d 713 (1973). In this case, Petitioner sought a decision from the Department regarding Petitioner's DBE certification. Whereas the Department has issued its decision, the subject of this case is rendered moot.

IT IS HEREBY ORDERED that this case is dismissed.

AND IT IS SO ORDERED.



__________________________________

MARVIN F. KITTRELL

Chief Administrative Law Judge

December 12, 2001

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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