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

Decision Date21 November 1974
Docket NumberNo. 56035,56035
Citation223 N.W.2d 294,393 Mich. 758
PartiesDUKESHERER 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.
CourtMichigan Supreme Court

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.

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7 cases
  • Greenfield Const. Co. Inc. v. Michigan Dept. of State Highways
    • United States
    • Michigan Supreme Court
    • 25 Enero 1978
    ...178, 102 A.2d 853 (1954).60 Molinaro v. Driver, 364 Mich. 341, 354, 111 N.W.2d 50 (1961).61 See Dukesherer Farms, Inc. v. Director of Dept. of Agriculture, 393 Mich. 758, 223 N.W.2d 294 (1974); 9 Michigan Law & Practice, Declaratory Judgment, § 12, p. 286; and 9 Callaghan's Michigan Pleadin......
  • Dukesherer Farms, Inc. v. Ball
    • United States
    • Michigan Supreme Court
    • 9 Enero 1979
    ...reversed and remanded the case to the circuit court for consideration of the constitutional challenges raised by plaintiff. 393 Mich. 758, 223 N.W.2d 294 (1974). In an opinion dated November 6, 1975, the circuit court granted defendants' motion for a summary judgment on the merits of the ca......
  • Dukesherer Farms, Inc. v. Ball
    • United States
    • Court of Appeal of Michigan — District of US
    • 6 Enero 1977
    ... ... of Michigan, Plaintiff-Appellant, ... B. Dale BALL, Director of the Department of Agriculture, and ... the Michigan Cherry Promotion ... Gen., Harry G. Iwasko, Asst. Atty. Gen., Susan A. Harris (Dept. Ag.), Asst. Atty. Gen., for defendants-appellees ... ...
  • Michigan Farm Bureau v. Bureau of Workmen's Compensation, Dept. of Labor
    • United States
    • Michigan Supreme Court
    • 18 Marzo 1980
    ... ... the State of Michigan and Director of the Bureau ... of Workmen's Compensation, ... American Advertising Distributors, Inc., 1 the Court of Appeals held that the minimum, ... ...
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