13 dealer agreement establishing or relocating a new motor 14 vehicle dealer within a relevant market area where the same 15 line-make is represented, the manufacturer or distributor shall 16 give written notice to each new vehicle dealer of the 17 same line-make in the relevant market area of its intention to 18 establish an additional dealer or to relocate an existing dealer 19 within that relevant market area. 20 (3) Within sixty days after receiving the notice provided 21 in subsection (2) of this section, or within sixty days after the 22 end of any appeal procedure provided by the manufacturer or 23 distributor, a new motor vehicle dealer of the same line-make 24 within the affected relevant market area may bring a 25 declaratory judgment action in the circuit court for the county 26 in which the new motor vehicle dealer is located to determine 27 whether good cause exists for the establishing or relocating 28 of the proposed new vehicle dealer: That a Provided, 29 new motor vehicle dealer of the same line-make within the 30 affected relevant market area not be permitted to bring 31 such an action if the proposed relocation site be further 32 from the location of the new motor vehicle dealer of the same 333 line-make than the location from which the dealership is 34 being moved. Once an action has been filed, the 35 manufacturer or distributor may not establish or relocate the 36 proposed new motor vehicle dealer until the circuit court has 37 rendered a decision on the matter. An action brought 38 pursuant to this section shall be given precedence over all 39 other civil matters on the court’s docket. The manufacturer 40 has the burden of proving that good cause exists for 41 establishing or relocating a proposed new motor vehicle 42 dealer. 43 (4) This section does not to the reopening in a 44 relevant market area of a new motor vehicle dealer that has 45 been closed within the preceding two years if the established 46 place of business of the new motor vehicle dealer is within 47 four air of the established place of business of the 48 closed or sold new motor vehicle dealer. 49 (5) In determining whether good cause exists for 50 establishing or relocating an additional new motor vehicle 51 dealer for the same line-make, the court shall take into 52 consideration the existing circumstances, including, but not 53 limited to, the following: 54 (a) Permanency and amount of the investment, including 55 any obligations incurred by the dealer in making the 56 investment; 57 (b) Effect on the retail new motor vehicle business and
13 dealer agreement establishing or relocating a new motor 14 vehicle dealer within a relevant market area where the same 15 line-make is represented, the manufacturer or distributor shall 16 give written notice to each new vehicle dealer of the 17 same line-make in the relevant market area of its intention to 18 establish an additional dealer or to relocate an existing dealer 19 within that relevant market area. 20 (3) Within sixty days after receiving the notice provided 21 in subsection (2) of this section, or within sixty days after the 22 end of any appeal procedure provided by the manufacturer or 23 distributor, a new motor vehicle dealer of the same line-make 24 within the affected relevant market area may bring a 25 declaratory judgment action in the circuit court for the county 26 in which the new motor vehicle dealer is located to determine 27 whether good cause exists for the establishing or relocating 28 of the proposed new vehicle dealer: Provided, That a 29 new motor vehicle dealer of the same line-make within the 30 affected relevant market area not be permitted to bring 31 such an action if the proposed relocation site be further 32 from the location of the new motor vehicle dealer of the same 333 line-make than the location from which the dealership is 34 being moved. Once an action has been filed, the 35 manufacturer or distributor may not establish or relocate the 36 proposed new motor vehicle dealer until the circuit court has 37 rendered a decision on the matter. An action brought 38 pursuant to this section shall be given precedence over all 39 other civil matters on the court’s docket. The manufacturer 40 has the burden of proving that good cause exists for 41 establishing or relocating a proposed new motor vehicle 42 dealer. 43 (4) This section does not to the reopening in a 44 relevant market area of a new motor vehicle dealer that has 45 been closed within the preceding two years if the established 46 place of business of the new motor vehicle dealer is within 47 four air of the established place of business of the 48 closed or sold new motor vehicle dealer. 49 (5) In determining whether good cause exists for 50 establishing or relocating an additional new motor vehicle 51 dealer for the same line-make, the court shall take into 52 consideration the existing circumstances, including, but not 53 limited to, the following: 54 (a) Permanency and amount of the investment, including 55 any obligations incurred by the dealer in making the 56 investment; 57 (b) Effect on the retail new motor vehicle business and