Dissenting Opinion
DeBruler, J.I dissent. In my view the trial court was acting within the confines of his jurisdiction in staying the administrative revocation of this license pending judicial review, and therefore this Writ should be denied. The trial court was acting within the grant of authority contained in I.C. 1971, 7-2-3-2, being Burns § 12-548, wherein it is provided :
“(a) Whenever the permit of any retail permittee to sell any alcoholic beverage is revoked or suspended for a period of at least ninety (90) days by action of the Indiana alcoholic beverage commission, any person aggrieved thereby may seek judicial review of the action by following the applicable provisions of the Administrative Adjudication Act, Acts 1947, chapter 365, as amended.
(b) Where judicial review is sought under the provisions of this section the court wherein the cause is filed may, in its discretion enter an order staying the suspension or revocation pending review and appeal therefrom.”
In affording the trial court this authority, I believe the Legislature intended to empower the trial court to preserve the status quo and to thereby render effective any judgment subsequently entered by the court. In effect, the majority is reviewing a discretionary order of a trial court in this original action, and clearly an original action in this Court is not intended for that purpose. State ex rel. Brueckner v. Jackson Circuit Court (1967), 248 Ind. 377, 229 N. E. 2d 465; State ex rel. Allison v. Criminal Court of Marion County (1958), 238 Ind. 190, 149 N. E. 2d 114.
NOTE.—Reported in 284 N. E. 2d 746,