City of Grand Haven v. Grocer's Cooperative Dairy Co.

Plaintiff, a home-rule city, brought this suit in equity for the purpose of obtaining a declaratory decree and injunctive relief. After a full hearing a decree was entered adjudging the ordinance provision here involved “illegal and void,” and plaintiff has appealed. The .controlling issue involved is the validity of section 7(h) of the so-called Grand Haven milk ordinance.

This litigation arises from the following facts and circumstances. Defendant, Grocer’s Cooperative Dairy Company, hereinafter referred to as the dairy company, is a Michigan cooperative corporation composed of approximately…