Theisen v. City of Dearborn

The original factual situation for this case is extensively set out in Theisen v Dearborn, 5 Mich App 607; 147 NW2d 720 (1967). In that case the prevailing members of the Court ruled that a prior circuit court judgment, Morrison v Dearborn (Wayne County No. 299-972), was res judicata as to the claims asserted in the circuit court action then on appeal. In that appeal this writer dissented, asserting that the Morrison case was not res judicata since the court’s judgment was ambiguous as to the issues of longevity pay and the proper pension formula. However, the Supreme Court affirmed Theisen,…