Bakerville Lumber & Construction Co. v. Planning & Zoning Commission

The plaintiff appeals from the decision of the trial court affirming the defendant’s denial of the plaintiff’s application to extend an existing renewable special permit for earth excavation. At the time of the oral argument of this appeal, the defendant claimed that the plaintiff’s appeal was moot because all of the special permits issued by the defendant to the plaintiff had expired. The plaintiff concedes that the permits have expired.

*213“It is a well-settled general rule that the existence of an actual controversy is an essential requisite to appellate jurisdiction; it is not the province of…