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

Paid petition · Court of Appeals of Michigan, No. 363515 · judgment September 21, 2023


Certiorari denied · October 14, 2025
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

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 IV. 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?

Counsel of record

For petitioner
Helen Vlahos Brinkman
Attorney At Law

For respondent
Ann Maurine Sherman
Michigan Department of Attorney General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 14 2025
    Petition DENIED.
  2. Sep 24 2025
    DISTRIBUTED for Conference of 10/10/2025.
  3. Sep 18 2025
    Waiver of right of respondent Michigan Department of Agriculture and Rural Development to respond filed.
  4. Aug 19 2025
    Petition for a writ of certiorari filed. (Response due October 6, 2025)