Moraco v. Wayne County Prosecutor

This case was initiated in Wayne County Circuit Court as a declaratory judgment action to determine whether plaintiff’s activities fall within the parameters of MCL 436.26(c); MSA 18.997(3). Both parties agreed to a stipulated statement of facts which established that plaintiff is the owner of a French restaurant which does not have a liquor control commission license of any class. Plaintiff, however, allows his restaurant patrons to bring upon the premises wine which they consume from plaintiff’s glasses. The parties proceeded on motions for summary judgment. The lower court granted…