Dukesherer Farms, Inc. v. Director of Dept. of Agriculture, 56035

• Court: Supreme Court of Michigan
• Citation: 223 N.W.2d 294,393 Mich. 758
• Docket Number: No. 56035,56035
• Parties: DUKESHERER FARMS, INC., Plaintiff-Appellant, v. DIRECTOR OF the DEPARTMENT OF AGRICULTURE, and the Michigan Cherry Promotion and Development Committee, Defendants-Appellees, and Michigan Association of Cherry Producers, Intervening Defendant-Appellee.
• Decision Date: 21 November 1974

Page 294

223 N.W.2d 294

393 Mich. 758

DUKESHERER FARMS, INC., Plaintiff-Appellant, v. DIRECTOR OF the DEPARTMENT OF AGRICULTURE, and the Michigan

Cherry Promotion and Development Committee,

Defendants-Appellees,

and

Michigan Association of Cherry Producers, Intervening

Defendant-Appellee.

No. 56035.

Supreme Court of Michigan.

Nov. 21, 1974.

Before the Entire Bench.

ORDER

On order of the Court, plaintiff-appellant's application for leave to appeal is considered, and the same hereby is granted. The Court, Sua sponte, pursuant to GCR 1963, 865.1(7), hereby reverses the Court of Appeals and remands the case to the trial court for trial. It was an abuse of discretion for the trial court to fail to entertain plaintiff's action for declaratory judgment challenging on constitutional grounds the marketing program and the continuing collection of assessments from producers affected by this agricultural marketing program.