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SHELBY TOWNSHIP POLICE AND FIRE RETIREMENT BD. v. SHELBY TWP.

Docket No. 100866.

175 Mich. App. 163 (1989)

437 N.W.2d 352

SHELBY TOWNSHIP POLICE AND FIRE RETIREMENT BOARD v. SHELBY TOWNSHIP

Michigan Court of Appeals.

Decided February 22, 1989.

Attorney(s) appearing for the Case

Neale, Stech & Hader (by Lewis R. Thumm), for plaintiff.

Richard C. Johnston, for defendants.

Amici Curiae:

Sachs, Nunn, Kates, Kadushin, O'Hare, Helveston & Waldman, P.C. (by Ronald R. Helveston and Alison L. Paton), for Michigan State Fire Fighters Union.

Ronald Zajac, P.C. (by Ronald Zajac), for Michigan Association of Public Employee Retirement Systems.

Before: SULLIVAN, P.J., and MURPHY and M. WARSHAWSKY, JJ.

PER CURIAM.

Plaintiff Shelby Township Police and Fire Retirement Board sought a writ of mandamus in the Macomb Circuit Court to compel defendants to pay additional funds into plaintiff's pension system pursuant to MCL 38.559; MSA 5.3375(9). On February 4, 1987, the circuit court denied plaintiff's request. The court interpreted MCL 38.559; MSA 5.3375(9) as requiring defendant township to appropriate only sufficient funds to meet its contractual obligations for the...

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