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ATTORNEYS FOR APPELLANT Thomas W. Blessing Sonia S. Chen Indianapolis, Indiana

ATTORNEYS FOR APPELLEES Steve Carter Attorney General of Indiana Frances Barrow Deputy Attorney General Indianapolis, Indiana ATTORNEYS FOR AMICI CURIAE Kathleen G. Lucas George T. Patton, Jr. Bryan H. Babb Indianapolis, Indiana

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In the

Indiana Supreme Court
_________________________________ No. 49S02-0504-CV-137 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). _________________________________ Appeal from the Marion County Superior Court, No. 49D01-0303-PL-000427 The Honorable Steven H. Frank, Judge _________________________________ On Petition To Transfer from the Indiana Court of Appeals, No. 49A02-0307-CV-634 _________________________________ October 27, 2005

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 operates convenience stores that also sell gasoline. In January 2001 Thornton filed an application for a Type 115 beer and wine permit for its Lawrence, Indiana store. After investigation and review, the Marion County Local Board held a hearing on the application. Two retailers who were members of the Indiana Association of Beverage Retailers (IABR), appeared at the hearing and opposed the application, arguing "lack of desire or need" for the permit and also that Thornton was not a "grocery store," and therefore was not eligible for a permit under Indiana Code section 7.1-3-5-2(a). The Marion County Alliance of Neighborhood Associations (MCANA) also appeared at the hearing opposing the application. At the conclusion of the hearing, the Local Board voted 2-1 to deny Thornton's application on the ground that Thornton was not a "grocery store." The Indiana Alcohol and Tobacco Commission (ATC) initially adopted the Local Board's recommendation. Thornton sought administrative review before the ATC and a Hearing Judge was assigned to conduct an "appeal hearing." IABR and MCANA appeared at the hearing and presented testimony opposing Thornton's application. In December 2002 the Hearing Judge entered findings of fact and conclusions of law, finding that the determination of the Local Board and the ATC ruling adopting that determination were not based on substantial evidence, and concluding that Thornton was a "grocery store" and should be issued a permit. The ATC subsequently approved the Hearing Judge's findings and conclusions and issued a permit to Thornton. IABR sought judicial review of ATC's grant of a permit to Thornton. ATC moved to dismiss, arguing that IABR lacked standing to seek judicial review of its order. The trial court granted ATC's motion, finding that neither IABR nor IABR's members, as competitors of

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Thornton, had standing to challenge the grant of an alcohol permit to Thornton. The Court of Appeals reversed, holding that IABR was a party to the administrative proceedings and was therefore entitled to seek judicial review. Ind. Ass'n of Beverage Retailers, Inc. v. Ind. Alcohol & Tobacco Comm'n, 809 N.E.2d 374, 379 (Ind. Ct. App. 2004), reh'g denied, 2004 Ind. App. LEXIS 1676 (Ind. Ct. App. Aug. 19, 2004). We granted transfer. Ind. Ass'n of Beverage Retailers, Inc. v. Ind. Alcohol & Tobacco Comm'n, 831 N.E.2d 743 (Ind. 2005). Standing for Judicial Review of Administrative Decisions Judicial review is available only to those who have standing, who have exhausted administrative remedies, who have timely pursued review, and who have met any other requirements established by law. Peabody Coal Co. v. Ind. Dep't of Natural Res., 664 N.E.2d 1171, 1172 n.2 (Ind. 1996) (citing Ind. Code

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