ORDERS:
ORDER OF DISMISSAL
The above-entitled case is pending before the Administrative Law Judge Division. On
September 24, 1997, the Respondent filed a Motion to Dismiss on the grounds the Petitioner was
ejected from the premises upon which Mesa Grill operated and has ceased operations at the location.
A food permit, which is the issue in this dispute, must have a physical location that is the subject of
the permit. Without such a location, the permit is of no effect. S.C. Code Regs. 61-25, Chapter XI,
§§ (1) and (2). A hearing body will not rule on moot and academic questions or make an adjudication
where there remains no actual controversy. Jones v. Dillion-Marion Human Resources Dev.
Comm'n. 277 S.C. 533, 291 S.E.2d 196 (1982). In the absence of a physical location, this matter
is moot.
Accordingly, IT IS ORDERED that the above-captioned case be and hereby is dismissed.
AND IT IS SO ORDERED.
__________________________________
RAY N. STEVENS
Administrative Law Judge
This 24th day of September, 1997
Columbia, South Carolina |
