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ZEHNER v. INDIANA STATE ALCOHOLIC BEV. COM'N

No. 2-276A53.

364 N.E.2d 1037 (1977)

Darwin ZEHNER, Julia Zehner, Frank Garrett, Sr., Alice M. Garrett, Bert O. White, Charles Chamberlain, Fern Chamberlain, Helen Dunigan, Clyde Scott, Marcia Scott, Owens Community Center, Inc., Appellants (Plaintiffs below), v. INDIANA STATE ALCOHOLIC BEVERAGE COMMISSION, James D. Sims, Chairman, Austin E. Barker, Member, Indiana State Alcoholic Beverage Commission, Morris M. Tobian, Member, Indiana State Alcoholic Beverage Commission, William F. Warren, Member, Indiana State Alcoholic Beverage Commission, Edward G. Ritter, Enforcement Officer for the Indiana State Alcoholic Beverage Commission, the Gibson County Alcoholic Beverage Board, George Boerke, Chairman, Lester Burton, Exmember, Gibson County Alcoholic Beverage Board, George French, Member, Gibson County Alcoholic Beverage Board, Theodore H. Fithian, Member, Gibson County Alcoholic Beverage Board, Darrell Vaughn Mauck, Appellees (Defendants below).

Court of Appeals of Indiana, Second District.

July 21, 1977.

Attorney(s) appearing for the Case

Joe D. Black, Vincennes, for appellants.

Paul G. Roland, Ruckelshaus, Bobbitt & O'Connor, Theodore L. Sendak, Atty. Gen., Darrel K. Diamond, Deputy Atty. Gen., Indianapolis, Tom Dike, Owensville, for appellees.

SULLIVAN, Presiding Judge.

The sole issue for our determination is whether the Administrative Adjudication Act, I.C. 4-22-1-1 et seq. (Burns Code Ed. 1974), (AAA), is applicable to a procedure initiated for judicial review of an Indiana Alcoholic Beverage Commission final decision granting a package liquor store permit.

On May 20, 1975, the Alcoholic Beverage Commission, after a hearing, granted a package liquor store permit to Darrel V. Mauck (Mauck...

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