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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. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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