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.
Ind. Code § 7.1-2-8-3
Declaratory judgment
Applied in 2 court decisions — leading case Indiana Wholesale Wine & Liquor Co. v. State Ex Rel. Indiana Alcoholic Beverage Commission (1998)
Most recently applied in Indiana Fireworks Distributors Ass'n v. Boatwright (January 2001)
Formerly: Acts 1973, P.L.55, SEC.1.
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.