Ind. Code » Title 7
Indiana Code

Ind. Code § 7.1-2-8-3 (2025)

Declaratory judgment

✓ 2025 Indiana Code: the 2026 session is not included
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     Sec. 3. Declaratory Judgment. The commission shall have the authority also to initiate, in the name of the State of Indiana on the relation of the commission, an action to obtain a declaratory judgment as to the meaning, application, or constitutionality of a provision of this title or of a rule or regulation of the commission or an order of the commission. The action shall be brought in any court having civil jurisdiction within Marion County against a permittee or other person. The proceedings shall conform to the Indiana Rules of Civil Procedure concerning declaratory judgments.

[Pre-1973 Recodification Citation: 7-1-1-38.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

Notes of Decisions
Cited in 3 cases, 1996–2001 · leading case: Indiana Wholesale Wine & Liquor Co. v. State ex rel. Indiana Alcoholic Beverage Comm'n, 695 N.E.2d 99 (Ind. 1998).
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Indiana Wholesale Wine & Liquor Co. v. State ex rel. Indiana Alcoholic Beverage Comm'n, 695 N.E.2d 99 (Ind. 1998). · cites it 12× “The Commission instituted this declaratory judgment action pursuant to Ind.Code § 7.1-2-8-3, 6 which provides in relevant part: The commission shall have the authority also to initiate, in the name of the State of Indiana on the relation of the commission, an action to obtain a…”
Indiana Fireworks Distributors Ass'n v. Boatwright, 741 N.E.2d 1262 (Ind. Ct. App. 2001). · cites it 2× “In that case, the court observed that the Indiana Alcohol Beverage Commission could pursue a declaratory judgment action “due to the unique nature of Ind.Code § 7.1-2-8-3,” while also noting that “the Commission could not have maintained a similar action under the Uniform…”
Indiana Wholesale Wine & Liquor Co. v. State ex rel. Indiana Alcoholic Beverage Comm'n, 662 N.E.2d 950 (Ind. Ct. App. 1996). “Indiana Code 7.1-2-8-3 grants the IABC the authority to go to the courts to resolve statutory construction issues regarding alcoholic beverage laws.”
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