Zante, Inc., dba Marlena's Bistro and Pizzeria v. Michigan Department of Agriculture and Rural Development
AdministrativeLaw ERISA DueProcess Privacy JusticiabilityDoctri
Are unconstitutional laws void ab initio requiring retrospective treatment of opinions affecting fundamental rights?
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 ?