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COM. v. SULLIVAN UNIVERSITY SYSTEM

No. 2012-SC-000622-DG.

433 S.W.3d 341 (2014)

COMMONWEALTH of Kentucky, KENTUCKY BOARD OF NURSING, Appellant v. SULLIVAN UNIVERSITY SYSTEM, INC., d/b/a Spencerian College, et al., Appellees.

Supreme Court of Kentucky.

June 19, 2014.

Attorney(s) appearing for the Case

David Domene , Bryce Lee Cotton , Tyler Martin Jolley , for Appellant.

Grover C. Potts, Jr. , Mitzi Denise Wyrick , Emily Christine Lamb , for Appellee.

Mark Alvin Robinson , Michael A. Valenti , John Edward Hanley, II , for Intervening Plaintiffs.

Opinion of the Court by Justice SCOTT.

Appellant, the Kentucky Board of Nursing (the Board), appeals the Court of Appeals' ruling that the Board acted unreasonably in interpreting one of its regulations and applying it to Appellee, the Sullivan University System, Inc. (Spencerian). Because the regulation at issue has been amended, and the new version is no longer negatively impacting Appellee, we must decide whether this case should be dismissed for mootness.

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