Goodridge v. Ypsilanti Township Board

Griffin, J.

(dissenting). In reversing the order of the lower court, the majority has held that the circuit court committed error requiring reversal in following the precedent of three prior decisions of this Court: Werner v Macomb Co Civil Service Comm, 77 Mich App 533 ; 258 NW2d 549 (1977), Hunn v Madison Heights, 60 Mich App 326 ; 230 NW2d 414 (1975), and Solomon v Highland Park Civil Service Comm, 47 Mich App 536 ; 209 NW2d 698 (1973). I respectfully dissent.

Today’s decision overturning Werner, Hunn, and Solomon and establishing a new rule of law is imprudent and extraordinary. Neither petitioner nor respondent has requested such an action. Further, the issue ruled upon has not been preserved, raised, briefed, or argued. The citizens of Ypsilanti Township deserve better.

Without notice, the majority has established a new construction of the firemen and policemen’s civil service act, MCL 38.514; MSA 5.3364, as the statute existed before its amendment by 1986 PA 155 . Respondent township was not afforded an opportunity to argue the merits of our prior deci *355 sions or to address other potentially important considerations such as detrimental reliance, stare decisis, and legislative acquiescence.

I would decide only those issues that are raised and preserved. I agree with the circuit court that the decision of the Ypsilanti Township Civil Service Commission is supported by competent, material, and substantial evidence on the record. Further, the alleged violation of the Open Meetings Act, MCL 15.261 et seq.; MSA 4.1800(11) et seq., by the township board is without consequence because the legal authority for bringing the present charges lies with the township supervisor, not the township board. Petitioner’s remaining issues are without merit.

I would affirm.