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TITUS v. SHELBY CHARTER TP.

Docket No. 189305.

574 N.W.2d 391 (1997)

226 Mich. App. 611

Wade TITUS, Plaintiff-Appellee, v. SHELBY CHARTER TOWNSHIP, Defendant-Appellant.

Court of Appeals of Michigan.

Decided November 25, 1997, at 9:40 a.m.

Released for Publication March 10, 1998.

Attorney(s) appearing for the Case

James R. Andary, P.C. by James R. Andary, Mount Clemens, for Plaintiff-Appellee.

O'Reilly, Rancilio, Nitz, Andrews & Turnbull, P.C. by Paul J. O'Reilly and David B. Viar, Sterling Heights, for Defendant-Appellant on appeal.

Bauckham, Sparks, Rolfe & Thomsen, P.C. by Kenneth C. Sparks, Kalamazoo, for amicus curiae Michigan Townships Association.

Miller, Canfield, Paddock and Stone, P.L.C. by Don M. Schmidt, Kalamazoo, for amicus curiae Michigan Municipal League Legal Defense Fund.

Before MacKENZIE, P.J., and SAWYER and NEFF, JJ.

PER CURIAM.

Defendant township appeals by delayed leave granted from an order of the trial court granting plaintiff's motion for summary disposition pursuant to MCR 2.116(C)(10). The Michigan Townships Association and the Michigan Municipal League have each filed, as an amicus curiae, a brief supporting the township. We reverse.

The basic facts are not in dispute. Plaintiff was a police officer employed by defendant township. On March 30, 1994, the township...

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