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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. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  2. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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