INDIANA WHOLESALE WINE & LIQUOR CO., INC. v. STATE EX REL. IND. ALCOHOLIC BEVERAGE COMM'N

No. 49S02-9609-CV-606.

695 N.E.2d 99 (1998)

INDIANA WHOLESALE WINE & LIQUOR COMPANY, INC., Appellant, v. STATE of Indiana ex rel. INDIANA ALCOHOLIC BEVERAGE COMMISSION, National Wine & Spirits Corporation, and Olinger Distributing Co., Inc., Appellees.

Supreme Court of Indiana.

May 28, 1998.


Attorney(s) appearing for the Case

Lee B. McTurnan, Wayne C. Turner, Jacqueline B. Ponder, Matthew W. Foster, McTurnan & Turner, Indianapolis, for Indiana Wholesale Wine & Liquor Company, Inc.

Evan E. Steger, Edward P. Steegmann, Ice, Miller, Donadio & Ryan, Indianapolis, for National Wine & Spirits Co. and Olinger Distributing Co., Inc.

William W. Hurst, Michael T. McNelis, Mitchell, Hurst, Jacobs & Dick, Indianapolis, for Olinger Distributing Co., Inc.

Pamela Carter, Attorney General, Jon Laramore, Deputy Attorney General, Indianapolis, for Indiana Alcoholic Beverage Commission.


ON PETITION TO TRANSFER

SULLIVAN, Justice.

This unusual case involves a dispute over whether an Indiana statute allows a particular corporation to hold wine and liquor wholesalers' permits. After granting the permits in 1987, the Indiana Alcoholic Beverage Commission apparently second-guessed its own decision in 1991 and sought court guidance as to whether it was right. When the case reached the Indiana Court of Appeals, that court invalidated the statute...

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