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DEPT. OF AGRICULTURE v. APPLETREE MARKETING

Docket No. 137552. Calendar No. 7.

779 N.W.2d 237 (2010)

485 Mich. 1

DEPARTMENT OF AGRICULTURE and Michigan Apple Committee, Plaintiffs-Appellants, v. APPLETREE MARKETING, L.L.C., and Steven Kropf, Defendants-Appellees.

Supreme Court of Michigan.

Decided March 10, 2010.

Attorney(s) appearing for the Case

White, Schneider, Young & Chiodini, P.C. (by James J. Chiodini and Shirlee M. Bobryk), Okemos, for the Department of Agriculture and the Michigan Apple Committee.

Miller Johnson (by J. Scott Timmer), Grand Rapids, for Appletree Marketing, L.L.C., and Steven Kropf.

Fahey Schultz Burzych Rhodes PLC (by Stephen J. Rhodes), Okemos, for Amici Curiae the Michigan Asparagus Advisory Board, the Michigan Onion Committee, the Michigan Plum Advisory Board, the Michigan Soybean Promotion Committee, the Michigan Bean Commission, the Corn Marketing Program of Michigan, Potato Growers of Michigan, Inc., and the Cherry Marketing Institute.

Opinion

YOUNG, J.

This case requires this Court to determine whether the remedies provided for a breach of the Agricultural Commodities Marketing Act (ACMA) supersede remedies provided by statute under the Revised Judicature Act (RJA) or abrogate those traditionally available at common law. We must further decide whether the member-manager of a limited liability company who causes his business to breach common law and statutory duties may be held independently...

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