Legal Opinion

Indiana Ass'n of Beverage Retailers, Inc. v. Indiana Alcohol & Tobacco Commission

Indiana Supreme Court

Decided October 27, 2005No. 49S02-0504-CV-137PublishedCited by 4 opinions

1Opinion of the Court

BOEHM, Justice.

The Administrative Orders and Procedures Act sets forth the standing requirements for a person seeking judicial review of an agency's action. Because the Indiana Association of Beverage Retailers was not a party to the administrative proceedings before the Indiana Alcohol and Tobacco Commission, the Association did not have standing to seek judicial review of the agency's action.

Factual and Procedural Background

Thornton Oil Corporation operates convenience stores that also sell gasoline. In January 2001 Thornton filed an application for a Type 115 beer and wine permit for its…

2Cases cited5 opinions

  1. Huffman v. Indiana Office of Environmental AdjudicationIndiana Supreme Court · 2004
  2. Indiana Alcoholic Beverage Commission v. EdwardsIndiana Court of Appeals · 1995
  3. Peabody Coal Co. v. Indiana Department of Natural ResourcesIndiana Supreme Court · 1996
  4. Indiana Ass'n of Beverage Retailers, Inc. v. Indiana Alcohol & Tobacco CommissionIndiana Court of Appeals · 2004
  5. BOARD OF TRUSTEES OF PUBLIC EMPLOYEES RETIREMENT FUND v. City of PlymouthIndiana Court of Appeals · 1998

3Cited by4 opinions

  1. 21st Amendment, Inc. v. Indiana Alcohol & Tobacco CommissionIndiana Court of Appeals · 2017
  2. National Wine & Spirits Corp. v. Indiana Alcohol & Tobacco CommissionIndiana Court of Appeals · 2011
  3. Indiana Housing and Community Development Authority v. Cadence BlanchardIndiana Court of Appeals · 2025
  4. Indiana Law Enforcement Training Board v. R LIndiana Supreme Court · 2024

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