Indiana Code 7.1-3-23-31. Appeal by applicant for wholesalers’ permit
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Terms Used In Indiana Code 7.1-3-23-31
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
Sec. 31. An applicant aggrieved by the action of the commission in denying, failing to renew, or revoking, a wholesaler’s permit of any type, contrary to the provisions of IC 7.1-3-23-30, shall have the right to secure a review of that determination by petition to the superior court of Marion County under the same conditions and in the same manner and mode of procedure as provided in this chapter for other appeals. The court shall, from the evidence presented, determine if the applicant has been denied a permit or renewal, or has had his permit revoked, on arbitrary, capricious, or political grounds and if the court determines that the permit or renewal was improperly denied or revoked, the court shall issue a writ of mandate ordering the commission to issue, renew, or reinstate the permit. However, either party shall have the right of appeal from the judgment of the superior court of Marion County as an appeal is taken in a civil action.
[Pre-1973 Recodification Citation: 7-2-1-16.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.141-2007, SEC.1.