Wednesday, March 02, 2011
Ind. Decisions - Court of Appeals issues 2 today (and 11 NFP)
For publication opinions today (2):
County Council of Porter County v. Northwest Indiana Regional Dev. Authority, et al. - "In summary, in view of the nature and scope of the RDA’s purpose, the fact that Porter County was automatically made a member of the RDA at its creation, and the fact that there is no provision in the RDA Act authorizing Porter County’s withdrawal, we conclude that Porter County did not have a right to withdraw from the RDA."
ILB: The Gary Post Tribune has a brief story here. The Chesterton Tribune has a lengthy story here.
National Wine & Spirits v. Indiana Alcohol & Tobacco Comm. (IATC) - Affirms trial court's dismissal of National Wine's petition for lack of standing, concludes:
As noted by the trial court in its findings and conclusions thereon dismissing National Wine’s petition on the basis of standing, and by the IATC in its brief, if, after issuing a permit, the IATC determines that a permittee has failed to disclose prohibited interests, is engaged in illegal trade practices, or has otherwise violated the terms of its permit or Indiana law, then the IATC is empowered to revoke or refuse to renew the permits issued. See e.g., Ind. Code Ann. § § 7.1-2-3-4 (general powers of commission); 220.127.116.11.7 (rules and regulations); 7.1-2-3-10 (investigations; revocation actions); 7.1-2-3-12 (searches and seizures); 7.1-2-3-19 (regulation of records); 7.1-2-3-22 (regulation of business relationships); and 7.1-2-3-31 (implied powers). Thus, National Wine has recourse to the IATC should its fears regarding Southern Wine’s trade practices come to fruition.NFP civil opinions today (2):
NFP criminal opinions today (9):
Posted by Marcia Oddi on March 2, 2011 12:58 PM
Posted to Ind. App.Ct. Decisions