Opinion
AP-21-001
06-04-2021
TWO BROTHERS, LLC d/b/a SUNDAY RIVER BREWNG COMPANY Petitioner, v. STATE OF MAINE, DEPARTMENT OF HEALTH AND HUMAN SERVICES, Respondent
PROCEDURAL ORDER
THOMAS R. MCKEON JUSTICE
Petitioner's Rule 80C Petition appealing the Department of Health and Human Services' denial of Petitioner's application to renew its Eating and Catering License is currently pending before this court. The court has become aware that the premises subject to licensure has come under contract for sale and that a new license application has been submitted to the Department. The Petitioner LLC does not appear to be involved with or have a property interest in the new business.
The court is prohibited from issuing advisory opinions in administrative appeals and review of administrative action is not appropriate if the court's decision would have no legal consequence. See Eliot Shores, LLC v. Town of Eliot, 2010 ME 129, E 8, 9 A.3d 806. However, judicial review is appropriate if the administrative action may affect property rights. See Dubois Livestock Inc. v. Town of Arundel, 2014 ME 122, II 9-10, 103 A.3d 556; see also Annable v. Board of Environmental Protection, 507 A.2d 592, 595-96 (Me. 1986).
The only issue in this appeal is whether the denial of the license renewal was improper. In light of the pending sale, it does not appear as though the court's decision will have any legal consequence. If either party feels that there remains a justiciablecontroversy in regard to this Rule 80C appeal, that party must provide written explanation of the remaining controversy alleged, Any party claiming a justiciable controversy should demonstrate how a decision by this court would have enforceable legal consequences.
The parties shall have 21 days from the entry of this Order to provide notice of the existence of a justiciable controversy. The court is ready to rule on the appeal promptly in the event either party shows that this decision not merely advisory. In the event the parties do not provide any such notice/ the appeal will be dismissed.
The Clerk may enter this Order on the docket by reference pursuant to M.R. Civ. P. 79(a).