ORDERS:
ORDER OF DISMISSAL
This matter comes before me pursuant to the appeal of Respondent Traveler's Petroleum Inc., d/b/a Self Way 604
("Traveler's Petroleum"), of a final determination issued by the South Carolina Department of Revenue ("Department"), in
which the Department sustained the imposition of a violation of S.C. CODE ANN. § 61-4-580(3) and imposed a forty-five
day suspension of Traveler's Petroleum's license. On October 3, 2002, the Department moved to dismiss Traveler's
Petroleum's appeal on the ground that Traveler's Petroleum no longer holds a license at this location and the penalty sought
by the Department, suspension of the license, is therefore moot.
An issue becomes moot when a "judgment, if rendered, will have no practical legal effect upon existing controversy."
Mathis v. South Carolina State Highway Dept., 260 S.C. 344, 346, 195 S.E.2d 713, 715 (1973). "This is true when some
event occurs making it impossible for [the] reviewing Court to grant effectual relief." Id. Such is the case here.
IT IS HEREBY ORDERED that Petitioner's motion is GRANTED and this matter is DISMISSED;
AND IT IS SO ORDERED.
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C. DUKES SCOTT
ADMINISTRATIVE LAW JUDGE
October 7, 2002
Columbia, South Carolina |