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FOOD MART v. SOUTH CAROLINA DHEC

No. 2330.

458 S.E.2d 47 (1995)

FOOD MART, Appellant, v. SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, Respondent.

Court of Appeals of South Carolina.

Decided April 3, 1995.

Rehearing Denied May 12, 1995.

Attorney(s) appearing for the Case

Bobby J. Pippin, Columbia, pro se.

Samuel L. Finklea, III, and Walton J. McLeod, III, Gen. Counsel, both of S.C. Dept. of Health and Environmental Control, Columbia, for respondent.

GOOLSBY, Judge.

This is an action in which Food Mart seeks a declaration that the South Carolina Department of Health and Environmental Control (DHEC) violated S.C. Const. art. I, § 22 (1895)1 when DHEC downgraded Food Mart's limited food service permit from "A" to "B" without a prior adjudicatory hearing. The circuit court denied Food Mart's request for relief. Food Mart appeals. We dismiss.2

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