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
Latest Conference: 2025-10-10
Question Presented (from Petition)

ISSUE 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?

ISSUE VI
IS THERE ANY AUTHORITY UNDER THE
SUPREMACY CLAUSE FOR CONTEMPT OF AN
UNCONSTITUTIONAL STATUTE ?

Question Presented (AI Summary)

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

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
ZANTE, INC, d/b/a Marlena's Bistro
Helen Vlahos BrinkmanAttorney At Law, Petitioner