Summary
dismissing appeal from the grant of injunctive relief where the malt beverage license at issue had expired
Summary of this case from BCG Operations, LLC v. Town of HomerOpinion
35062.
SUBMITTED JUNE 22, 1979.
DECIDED SEPTEMBER 10, 1979.
Injunction. Whitfield Superior Court. Before Judge Vining.
McCamy, Minor, Phillips Tuggle, John T. Minor, III, for appellant.
Little Adams, Robert B. Adams, for appellee.
On November 7, 1978, the Board of Commissioners of Whitfield County granted the application of John Bryant, d/b/a Golden Gallon Stores, for a malt beverage license. Approximately three weeks later, the board informed Mr. Bryant that on November 17, 1978, they had ascertained that he was not in compliance with a county ordinance providing that no license authorizing the sale of beer and wine would be issued to any grocery or convenience store that did not have a "wholesale inventory price" of at least $6,000. The board further informed Mr. Bryant that a hearing was set for December 5, at which time he was requested to appear and show cause why his license should not be revoked. Mr. Bryant responded by filing suit to enjoin the hearing. On December 20, 1978, the trial court granted his request for injunctive relief. The board appeals. Held:
Since the license which is the subject of this appeal expired on the last day of December, 1978, the appeal must be dismissed as moot. See, e.g., Stamey v. City of Griffin, 238 Ga. 281 ( 232 S.E.2d 843) (1977).
Appeal dismissed. All the Justices concur.