ON WRIT OF CERTIORARI TO THE COURT OF APPEALS

This court granted certiorari to review the Court of Appeals’ decision dismissing petitioner Food Mart’s appeal on justiciability grounds. Food Mart v. South Carolina Dept. of Health and Environmental Control, 318 S.C. 384, 458 S.E. (2d) 47 (Ct. App. 1995). We affirm the Court of Appeals insofar as it found petitioner’s claim was moot. However, we vacate the opinion to the extent it addresses whether petitioner was required to exhaust its administrative remedies before bringing the present declaratory judgment action. This issue is procedurally barred from any appellate review because it was neither raised by the parties nor ruled on by the trial court below. Matters now argued to or ruled on by the trial court are not preserved for review. Grant v. South Carolina Coastal Council, 319 S.C. 348, 461 S.E. (2d) 388 (1995); *234 Vaught v. Waites, 300 S.C. 201, 387 S.E. (2d) 91 (Ct. App. 1989) (per curiam). 1

Affirmed in part and vacated in part.