National Wine & Spirits Corp. v. Indiana Alcohol & Tobacco Commission
2011 Ind. App. LEXIS 353
| Ind. Ct. App. | 2011Background
- National Wine & Spirits (National Wine) appeals a trial court dismissal of its petition for judicial review of the IATC's grant of permits to Southern Wine.
- National Wine, a large Indiana liquor wholesaler, argued Southern Wine would harm its supplier relationships and sought status as an intervening remonstrator but was denied.
- The IATC initially recommended denial of Southern Wine’s permit applications, but later granted the permits after hearings and written findings.
- National Wine filed a verified petition for judicial review on November 16, 2009; the IATC and Southern Wine moved to dismiss; the trial court dismissed for lack of standing.
- The central issue is whether National Wine has standing to seek judicial review under the Indiana Administrative Orders and Procedures Act (AOPA).
- The court applies de novo review to standing questions and concludes National Wine lacks standing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does National Wine have standing to seek judicial review? | National Wine was aggrieved/adversely affected by the IATC action. | National Wine did not meet AOPA standing; it did not demonstrate direct injury or eligibility to intervene. | No standing; petition dismissed. |
| Is due process a basis for National Wine to obtain standing? | Due process protects its property interests in permits and access to review. | Permits confer no property right against competitors; due process does not grant standing. | Due process does not confer standing here. |
| Did National Wine exhaust administrative remedies to pursue judicial review? | National Wine sought intervention and remonstrance status in the agency proceedings. | The proper avenue and status were not obtained to create standing for review. | Standing requirement remains unmet; exhaustion not satisfied for review. |
Key Cases Cited
- Huffman v. Office of Environmental Adjudication, 811 N.E.2d 806 (Ind. 2004) (AOPA 'aggrieved or adversely affected' standard for standing)
- Indiana Ass'n of Beverage Retailers, Inc. v. Indiana Alcohol & Tobacco Comm'n, 836 N.E.2d 255 (Ind. 2005) (standing and administrative review prerequisites)
- Wine & Spirits Wholesalers of Indiana v. Indiana Alcoholic Beverage Comm'n, 556 N.E.2d 17 (Ind.Ct.App.1990) (standing tied to aggrieved status and prerogative to review)
- Alexander v. PSB Lending Corp., 800 N.E.2d 984 (Ind.Ct.App.2003) (de novo standard for standing on review)