IND. ASS'N OF BEVERAGE RETAILERS v. ATC

No. 49S02-0504-CV-137.

836 N.E.2d 255 (2005)

INDIANA ASSOCIATION OF BEVERAGE RETAILERS, INC., Appellant (Petitioner below), v. INDIANA ALCOHOL AND TOBACCO COMMISSION; Thornton Oil Corporation; and Marion County Alliance of Neighborhood Associations, Appellees (Respondents below).

Supreme Court of Indiana.

October 27, 2005.


Attorney(s) appearing for the Case

Thomas W. Blessing, Sonia S. Chen, Indianapolis, for Appellant.

Steve Carter, Attorney General of Indiana, Frances Barrow, Deputy Attorney General, Indianapolis, for Appellees.

Kathleen G. Lucas, George T. Patton, Jr., Bryan H. Babb, Indianapolis, for Amici Curiae.


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...

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