State Ex Rel. Indiana Alcoholic Beverage Comm. v. Lake Superior Court No. 4

Dissenting Opinion

DeBruler, J.

I dissent. In my view the trial court was acting within the confines of his jurisdiction in staying the administrative revocation of this license pending judicial review, and therefore this Writ should be denied. The trial court was acting within the grant of authority contained in I.C. 1971, 7-2-3-2, being Burns § 12-548, wherein it is provided :

“(a) Whenever the permit of any retail permittee to sell any alcoholic beverage is revoked or suspended for a period of at least ninety (90) days by action of the Indiana alcoholic beverage commission, any person…