Opinion
No. 110374.
November 24, 1998.
Summary Dispositions November 24, 1998.
In lieu of granting leave to appeal, the judgment of the Court of Appeals and the circuit court's order of October 3, 1995, granting summary disposition for defendant, are reversed. MCR 7.302(F)(3). The Board of Trustees of the Employees Retirement System was created by ordinance of the City of Kalamazoo not under MCL 38.551 et seq.; MSA 5.3375(1) et seq. Even if it is viewed as a quasi-judicial body, under the ordinance it lacks the authority to decide matters such as the civil rights claims made by the plaintiff in this action. Kalamazoo Code § 2-242(c). Thus, the plaintiff's failure to appeal the prior decision by the board does not bar this action. The case is remanded to the Kalamazoo Circuit Court for further proceedings. Court of Appeals No. 189872.
Reconsideration denied February 25, 1999.