South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
SCDOR vs. Traveler's Petroleum Inc., d/b/a Self Way 604

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Traveler's Petroleum Inc., d/b/a Self Way 604
 
DOCKET NUMBER:
02-ALJ-17-0413-CC

APPEARANCES:
n/a
 

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.



________________________________

C. DUKES SCOTT

ADMINISTRATIVE LAW JUDGE



October 7, 2002

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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