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DeGRACE v. SHELBY TWP. POLICE AND FIRE CIVIL SERV. COMM.

Docket No. 85232.

150 Mich. App. 587 (1986)

389 N.W.2d 137

DeGRACE v. SHELBY TOWNSHIP POLICE AND FIRE CIVIL SERVICE COMMISSION

Michigan Court of Appeals.

Decided April 8, 1986.

Attorney(s) appearing for the Case

Bieber, Brennan, Matranga, Cross & Carmody (by Charles E. Carmody), for plaintiff.

Peter B. Henderson, for Shelby Township Police and Fire Civil Service Commission.

Richard C. Johnston, for Shelby Township Board of Trustees.

Before: GRIBBS, P.J., and D.E. HOLBROOK, JR. and T. ROUMELL, JJ.

PER CURIAM.

Plaintiff, Gerald DeGrace, appeals as of right from a May 13, 1985, circuit court order granting defendants' motions for summary judgment under MCR 2.116(C)(10). DeGrace asserts that the trial court erred in holding that defendants are not compelled by law, MCL 38.511(b); MSA 5.3361(b), to fill the vacant position of Shelby Township chief of police. We disagree and affirm the circuit court.

BACKGROUND

On June 29, 1983, the Shelby Township...

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