DeGrace v. Shelby Township Police & Fire Civil Service Commission

Plaintiff, Gerald DeGrace, appeals as of right from a May 13, 1985, circuit court order granting defendants’ motions for summary judgment under MCR 2.116(C)(10). DeGrace asserts that the trial court erred in holding that defendants are not compelled by law, MCL 38.511(b); MSA 5.3361(b), to fill the vacant position of Shelby Township chief of police. We disagree and affirm the circuit court.

Background

On June 29, 1983, the Shelby Township Police and Fire Civil Service Commission established an eligibility list for the rank of police chief. DeGrace was tested for the position and obtained the…