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Babies Right Start, Inc.v.Georgia Department Of Public Health

CourtSupreme Court of Georgia
Docket No.S13A1074
DecidedSeptember 9, 2013
Reporter293 Ga. 553; 748 S.E.2d 404; 2013 Fulton County D. Rep. 2797; 2013 WL 4779210; 2013 Ga. LEXIS 652
JudgesSupreme Court of Georgia
Tags
CivilAdministrative LawGovernment LawCivil ProcedureAppellate ProcedureVacaturRemand
Case Summary

Babies Right Start, Inc. challenged its one-year disqualification from Georgia’s Special Supplemental Nutrition Program for Women, Infants, and Children (WIC), which the Department of Public Health imposed after investigators identified alleged vendor violations. An administrative law judge rejected most of the violations but replaced the disqualification with probation; an agency reviewer reinstated the one-year sanction. The superior court denied BRS’s claims, and BRS appealed. By the time the Georgia Supreme Court considered the case, the disqualification had expired, and BRS had not requested damages or obtained a ruling preserving a damages claim. The court held that mandamus, injunctive, and declaratory relief could no longer affect the parties. The possibility that BRS might later pursue breach-of-contract damages did not keep the present case alive because the complaint did not seek damages and the trial court had not ruled on such a claim. The capable-of-repetition exception also did not apply: BRS did not expect the same action to recur, the program rules had changed, and BRS’s own appellate choices contributed to the absence of timely merits review. Because the mootness arose from the passage of time rather than settlement or voluntary cessation, the court vacated the superior court’s judgment and remanded with direction to dismiss. It expressed no opinion on the underlying sanction or any future damages action.

Opinion

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