Dukesherer v. Director of the Department of Agriculture

Plaintiff filed this action in February, 1968, to challenge the validity of a referendum under PA 1965, No 232, § 11 (MCLA § 290.661; Stat Ann 1965 Cum Supp § 12.94[31]) concerning a marketing program under § 3(g) of that act and the constitutionality of the act itself. At the hearing-on 'the return of the order to show cause which issued on rthe filing of the action, defendant offered evidence that the program involved had been defeated in the referendum and moved for accelerated judgment fo.r want .of a justiciable controversy. The trial court- granted the motion on the strength of Hodge v.…