No. 25-258

Zante, Inc., dba Marlena's Bistro and Pizzeria v. Michigan Department of Agriculture and Rural Development

Lower Court: Michigan
Docketed: 2025-09-05
Status: Denied
Type: Paid
Response Waived
Tags: civil-contempt equal-protection fundamental-rights subject-matter-jurisdiction supremacy-clause void-ab-initio
Key Terms:
AdministrativeLaw ERISA DueProcess Privacy JusticiabilityDoctri
Latest Conference: 2025-10-10
Question Presented (AI Summary)

Are unconstitutional laws void ab initio requiring retrospective treatment of opinions affecting fundamental rights?

Question Presented (OCR Extract)

I. ARE UNCONSTITUTIONAL LAWS VOID AB INITIO REQUIRING RETROSPECTIVE TREATMENT OF OPINIONS AFFECTING FUNDAMENTAL RIGHTS? ISSUE II. DO MICHIGAN COURTS HAVE AUTHORITY TO DECLARE SUBJECT-MATTER JURISDICTION “IRRELEVANT” TO CIVIL CONTEMPT SANCTIONS? ISSUE III. IS SUBJECT-MATTER JURISDICTION WAIVED BY FAILURE TO EXHAUST ADMINISTRATIVE APPELLATE REMEDIES? ISSUE I V. DOES THE PURSUIT OF THIS CASE CONSTITUTE A CLASS-OF-ONE EQUAL PROTECTION VIOLATION? ISSUE V DOES THE COURT’S REFUSAL TO FIND A “LAWFUL ORDER” REQUIRED BY THE CONTEMPT STATUTE, A VIOLATION OF DUE PROCESS? ii ISSUE VI IS THERE ANY AUTHORITY UNDER THE SUPREMACY CLAUSE FOR CONTEMPT OF AN UNCONSTITUTIONAL STATUTE ?

Docket Entries

2025-10-14
Petition DENIED.
2025-09-24
DISTRIBUTED for Conference of 10/10/2025.
2025-09-18
Waiver of Michigan Department of Agriculture and Rural Development of right to respond submitted.
2025-09-18
Waiver of right of respondent Michigan Department of Agriculture and Rural Development to respond filed.
2025-08-19
Petition for a writ of certiorari filed. (Response due October 6, 2025)

Attorneys

Michigan Department of Agriculture and Rural Development
Ann Maurine ShermanMichigan Department of Attorney General, Respondent
Ann Maurine ShermanMichigan Department of Attorney General, Respondent
ZANTE, INC, d/b/a Marlena's Bistro
Helen Vlahos BrinkmanAttorney At Law, Petitioner
Helen Vlahos BrinkmanAttorney At Law, Petitioner