Food Mart v. SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL

ON WRIT OF CERTIORARI TO THE COURT OF APPEALS

Waller, Justice:

This court granted certiorari to review the Court of Appeals’ decision dismissing petitioner Food Mart’s appeal on justiciability grounds. Food Mart v. South Carolina Dept. of Health and Environmental Control, 318 S.C. 384, 458 S.E. (2d) 47 (Ct. App. 1995). We affirm the Court of Appeals insofar as it found petitioner’s claim was moot. However, we vacate the opinion to the extent it addresses whether petitioner was required to exhaust its administrative remedies before bringing the present declaratory judgment action. This issue is…