Ogeechee Steel, Inc. v. City of Atlanta

Court of Appeals of Georgia

Ogeechee Steel, Inc. v. City of Atlanta

396 S.E.2d 609, 196 Ga. App. 84, 1990 Ga. App. LEXIS 782

CourtCourt of Appeals of Georgia

DecidedJune 21, 1990

DocketA90A0507

StatusPublished

This text of 396 S.E.2d 609 (Ogeechee Steel, Inc. v. City of Atlanta) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Ogeechee Steel, Inc. v. City of Atlanta, 396 S.E.2d 609, 196 Ga. App. 84, 1990 Ga. App. LEXIS 782 (Ga. Ct. App. 1990).

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Opinion

Carley, Chief Judge.

The denial to appellants of certification of their eligibility for participation in appellee’s Minority & Female Business Enterprises Program (MFBEP) was affirmed by a hearing officer and, on appeal to the superior court, the decision of the hearing officer was affirmed. Pursuant to OCGA § 5-6-35 (a) (1), appellants then applied for and were granted permission to file the instant discretionary appeal from the order of the superior court.

Appellee’s MFBEP has been held to be unconstitutional. American Subcontractors Assoc., Ga. Chap. v. City of Atlanta, 259 Ga. 14 (376 SE2d 662) (1989). Accordingly, even if the superior court erred, a reversal of its order in the instant case would mean only that appellants were erroneously denied certification of their eligibility to participate in a program that is no longer extant. Although they lost their appeal to the superior court, appellants are certainly in no worse position than those who were actually certified for participation, but who then lost the benefit of such certification when the Supreme Court declared appellee’s MFBEP to be unconstitutional. Since there is no “benefit” to be derived from attaining the status of participant in appellee’s defunct MFBEP, we will not address the moot issue of whether or not appellants may otherwise have been entitled to receive certification of their eligibility for such participation. See generally Ring v. Williams, 192 Ga. App. 329 (1) (384 SE2d 914) (1989).

[85]*85Decided June 21, 1990. Oxendine & Associates, John W. Oxendine, for appellants. Marua Jones Brooks, Rosalind Rubens, Alford J. Dempsey, Jr., Jerolyn Y. Webb, for appellee.

Appeal dismissed.

McMurray, P. J., and Sognier, J., concur.

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Carley, Chief Judge.

The denial to appellants of certification of their eligibility for participation in appellee’s Minority & Female Business Enterprises Program (MFBEP) was affirmed by a hearing officer and, on appeal to the superior court, the decision of the hearing officer was affirmed. Pursuant to OCGA § 5-6-35 (a) (1), appellants then applied for and were granted permission to file the instant discretionary appeal from the order of the superior court.

Appellee’s MFBEP has been held to be unconstitutional. American Subcontractors Assoc., Ga. Chap. v. City of Atlanta, 259 Ga. 14 (376 SE2d 662) (1989). Accordingly, even if the superior court erred, a reversal of its order in the instant case would mean only that appellants were erroneously denied certification of their eligibility to participate in a program that is no longer extant. Although they lost their appeal to the superior court, appellants are certainly in no worse position than those who were actually certified for participation, but who then lost the benefit of such certification when the Supreme Court declared appellee’s MFBEP to be unconstitutional. Since there is no “benefit” to be derived from attaining the status of participant in appellee’s defunct MFBEP, we will not address the moot issue of whether or not appellants may otherwise have been entitled to receive certification of their eligibility for such participation. See generally Ring v. Williams, 192 Ga. App. 329 (1) (384 SE2d 914) (1989).

[85]*85Decided June 21, 1990. Oxendine & Associates, John W. Oxendine, for appellants. Marua Jones Brooks, Rosalind Rubens, Alford J. Dempsey, Jr., Jerolyn Y. Webb, for appellee.

Appeal dismissed.

McMurray, P. J., and Sognier, J., concur.

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396 S.E.2d 609, 196 Ga. App. 84, 1990 Ga. App. LEXIS 782, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ogeechee-steel-inc-v-city-of-atlanta-gactapp-1990.

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