Justia Government & Administrative Law Opinion Summaries

The Supreme Court reversed the trial court’s order directing the Indiana Alcohol and Tobacco Commission to grant Spirited Sales, LLC’s (Spirited) application for a liquor wholesaler’s permit and reinstated the Commission’s order denying the permit. Spirited was a wholly owned by a parent company called E.F. Transit, Inc. (EFT), which transports beer, wine, and liquor throughout the state. The same shareholders that owned EFT also wholly owned Monarch Beverage Company, Inc, an Indiana company that held a beer and wine wholesaler’s permit. The Commission denied Spirited’s application on the grounds that EFT and Monarch operated as the same company. The trial court reversed, finding the Commission’s order to be arbitrary and capricious. The Supreme Court agreed with the Commission, holding that the Commission’s denial conformed with the clear and unambiguous language of Ind. Code 7.1-1-2-1 and that the Commission did not act arbitrarily or capriciously in denying Spirited’s request. View "Indiana Alcohol & Tobacco Commission v. Spirited Sales, LLC" on Justia Law

Kristy Burnell’s driver’s license was administratively suspended on the grounds that Burnell failed to submit to a chemical test. Burnell sought judicial review. The trial court declined to set aside the suspension, concluding that the arresting officer correctly determined Burnell’s behavior to constitute a refusal. Burnell appealed, arguing that she never verbally refused to take a chemical test and that her conduct did not constitute refusal to submit to a chemical test. The Court of Appeals affirmed. The Supreme Court affirmed, holding that a reasonable person in the officer’s position would be justified in believing that Burnell manifested an unwillingness to submit to the test. View "Burnell v. State" on Justia Law

Pursuant to 2011 amendments to statutes addressing collective bargaining for teachers and their employees, when parties failed to reach a collective bargaining agreement (CBA) regarding salaries and wages, the Indiana Education Employment Relations Board (IEERB) appoints a mediator. If the mediation fails, the parties must exchange their last best offers (LBOs). A factfinder appointed by the IEERB then selects which side’s LBO to adopt as the CBA. In this case, a teachers association appealed a factfinder’s decision to adopt a school’s LBO. The IEERB affirmed the factfinder’s decision. The Supreme Court affirmed, holding that the adopted LBO was collectively bargained and lawful. View "Jay Classroom Teachers Ass’n v. Jay School Corp." on Justia Law

In an effort to benefit from a growing customer base in Hamilton County, Ed Martin Toyota requested, and Toyota Motor Sales, U.S.A., Inc. planned to approve, that Ed Martin relocate from its Anderson, Madison County location, where it operated for several years, to the Fishers area. Prior to the move, Toyota informed its other new motor vehicle dealerships in the region, including Andy Mohr Toyota, Butler Toyota, and Tom Wood Toyota (“Dealers”), and it filed the relocation plan with the Auto Dealer Services Division of the Office of the Indiana Secretary of State (“Division”). Those three dealerships protested the relocation. The Auto Dealer Services Division dismissed their action for lack of standing—affirmed by the trial court, concluding the dealerships were outside the “relevant market area,” as defined by the Indiana Dealer Services Act. Finding that the Division's interpretation of that statutory definition was reasonable, the Supreme Court affirmed the Division's decision. View "Andy Mohr West v. Ind. Secretary of State, Auto Dealer Services Div." on Justia Law