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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: 3% 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

Subject area
Judicial Power (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, October 14, 2025 · Certiorari denied

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)