QUINN, P.J., (dissenting). I am unable to agree with the majority because the question of Southfield charter section 9.26(c) contravening the State statute of limitations was not raised below and it is not properly before this Court nor may it be considered by us. Case v. Beech Lanes, Incorporated (1954), 338 Mich. 631. In view of the foregoing and because I did not participate in Smuczynski v. City of Warren (1968), 14 Mich. App. 464, I decline further comment.