Wells v. City of Southfield

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.

I would affirm.