· 5/28/1998
Indiana Wholesale Wine & Liquor Co. v. State Ex Rel. Indiana Alcoholic Beverage Commission
Citations
- 695 N.E.2d 99
- 1998 Ind. LEXIS 65
- 1998 WL 272139
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that if a case can be resolved on statutory grounds, judicial restraint mandates that issues of constitutionality be left unresolved
- examining both the text of the statute and statutory history in determining whether the agency's interpretation was reasonable
- examining both the text of the statute and statutory history in determining whether the agency's interpretation was reasonable
- if case can be decided on either a constitutional question or question of statutory construction, reviewing court will decide only the latter
- “On the other hand, separation of powers prevents a court from effectively rewriting a statute to save it from constitutionality infirmity.”
- “constitutional issues are to be avoided as long as there are potentially dispositive statutory or common law issues still alive”
Source: CourtListener parenthetical corpus (CC0).
Judges: Sullivan, Shepard, Dickson, Selby, Boehm
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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