City Council of Augusta v. Mulcay

Jordan, Judge.

The defendant city council’s appeal from the order of the trial court granting the plaintiff’s motion for summary judgment is based upon three grounds: (1) that a suit to recover damages for breach of contract was not an available and proper remedy for the plaintiff to enforce his alleged pension rights; (2) that the plaintiff in applying for pension-benefits did not produce evidence showing “that he has served efficiently for twenty-five years,” as the charter provisions governing his pension benefits required; and (3) that the plaintiff in support of his motion for summary…