City of Huntington Woods v. Ajax Paving Industries, Inc.

We granted rehearing of City of Huntington Woods v Ajax, 177 Mich App 351; 441 NW2d 99 (1989), for the purpose of addressing one limited issue: whether defendant waived a possible limitations defense under MCR 3.602(1) before the trial court. After considering the arguments on motion for rehearing, we find it necessary to clarify our previous opinion.

At the original hearing on the appeal of this case, Ajax argued that plaintiffs cause was barred by the one-year period of limitations contained in MCR 3.602(1). The city had filed its complaint more than a year after its arbitration award was…