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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.