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Ogeechee Steel, Inc. v. City of Atlanta
Citations: 196 Ga. App. 84; 396 S.E.2d 609; 1990 Ga. App. LEXIS 782Docket: A90A0507
Court: Court of Appeals of Georgia; June 21, 1990; Georgia; State Appellate Court
The Chief Judge Carley affirmed the denial of certification of eligibility for the appellants to participate in the appellee’s Minority Female Business Enterprises Program (MFBEP). This decision was upheld by a hearing officer and subsequently by the superior court. Following this, the appellants sought and received permission for a discretionary appeal, citing OCGA 5-6-35 (a)(1). However, the MFBEP was ruled unconstitutional in a prior case (American Subcontractors Assoc. Ga. Chap. v. City of Atlanta, 259 Ga. 14), indicating that even if the superior court made an error, a reversal would only acknowledge the appellants’ wrongful denial of certification for a program that no longer exists. The court noted that the appellants’ situation is no worse than that of previously certified participants who lost their certification due to the program's unconstitutionality. Ultimately, since there is no benefit to being certified for a defunct program, the court declined to address the moot issue of the appellants’ potential eligibility for certification. The appeal was dismissed with Judges McMurray and Sognier concurring.