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Competitor lacks standing for judicial review

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A trial court was correct in dismissing the petition for judicial review from a liquor wholesaler who challenged the issuance of a wine and liquor permit to a competitor because the wholesaler lacked standing, ruled the Indiana Court of Appeals.

In National Wine & Spirits v. Indiana Alcohol & Tobacco Commission, et al., No. 49A02-1006-PL-612, National Wine sought permission from the Indiana Alcohol and Tobacco Commission to be granted status as an intervening remonstrator regarding the issuance of liquor and wine wholesaler permits to Southern Wine & Spirits of America. National Wine worried it would suffer immediate harm to its supplier contracts because it claimed Southern Wine was engaged in anticompetitive coordination in other parts of the country.

The IATC denied National Wine’s request and eventually voted to grant Southern Wine’s permit applications. National Wine then filed a verified petition for judicial review of the issuance of the permits, which the Marion Superior Court dismissed for lack of standing.

The Court of Appeals disagreed with National Wine’s argument that it should have standing to challenge because it was aggrieved and adversely affected by the order and that due process concerns support its ability to challenge the order. National Wine didn’t meet either requirement under subsections (b)(2)(A) and (B) of Indiana Code Section 4-21.5-5-3(b), which defines the standing requirement for judicial review.

The judges found National Wine’s claims that its permits and the enjoyment of those permits is property for purposes of the due process clause to be flawed. National Wine really is just seeking to prevent a competitor from being granted a permit, wrote Judge Ezra Friedlander.

Also, the judges pointed out that National Wine has recourse to the IATC should its worries regarding Southern Wine’s trade practices actually come to fruition. If the ITAC determines that a company with a permit is engaged in illegal trade practices, it has the power to revoke or refuse to renew the permits issued.
 

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  1. Don't we have bigger issues to concern ourselves with?

  2. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  3. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  4. Different rules for different folks....

  5. I would strongly suggest anyone seeking mediation check the experience of the mediator. There are retired judges who decide to become mediators. Their training and experience is in making rulings which is not the point of mediation.

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