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AG files for emergency stay in case against beer wholesaler

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Indiana Attorney General Greg Zoeller is seeking an emergency stay after the Indiana Court of Appeals denied the state’s motion for a stay in the case against an affiliate of a popular beer wholesaler.

Zoeller’s office announced Monday that it would seek an emergency stay from the Indiana Supreme Court, as well as transfer, in its case against Spirited Sales LLC, an affiliate of Monarch Beverage Co., Inc, Indiana’s largest beer and wine wholesaler. When Spirited Sales applied for a liquor wholesaler permit in 2014, the Indiana Alcohol and Tobacco Commission denied the application because state law prohibits beer and wine wholesalers from also wholesaling liquor as a protection against monopolies, Zoeller’s office said in a release Monday.

The attorney general’s office defended the ATC when Spirited Sales took the case to court, arguing that the commission had correctly applied the law. However, the Marion Superior Court overruled the ATC in August and ordered that it issue the permit to Spirited Sales. 

“There have been many attempts to change Indiana’s statute regarding the sale of alcohol in our state legislature where this policy belongs,” Zoeller said in a statement. “While I respect the trial court’s work on this complicated case, a judicial change to the state’s policy requires the Indiana Supreme Court’s review.”

Zoeller then filed a motion for a stay on the trial court’s order, but the Indiana Court of Appeals denied that motion in late September. 
 

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