POLICE OFFICERS LABOR COUNCIL V CITY OF MT CLEMENS
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STATE OF MICHIGAN
COURT OF APPEALS
POLICE OFFICERS LABOR COUNCIL and
MOUNT CLEMENS POAM,
UNPUBLISHED
August 21, 2001
Petitioners-Appellants,
v
No. 221902
Macomb Circuit Court
LC No. 98-004460-AA
CITY OF MOUNT CLEMENS,
Respondent-Appellee.
Before: Jansen, P.J., and Collins and Cooper, JJ.
MEMORANDUM.
Petitioners appeal by delayed leave granted from an order granting respondent’s motion
to dismiss and denying petitioners’ motion for leave to amend its petition for review of
respondent’s decision to uphold the termination of Mortarice Collier’s employment as a Mount
Clemens police officer. We affirm.
The trial court did not err in denying petitioners’ motion for leave to amend. The motion
was based on MCR 7.105(B)(2), which provides:
The court need not dismiss an action incorrectly initiated under some other
rule, if it is timely filed and served as required by this rule and the applicable
statute. Instead, leave may be freely given, when justice requires, to amend an
appeal and a response to conform to the requirements of this rule and otherwise
proceed under this rule.
This rule authorizes an amendment, rather than dismissal, of an action that is “incorrectly
initiated under some other rule[.]” The petition in this case specifically alleged that it was
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“governed by MCR 7.105.” Because the present action was not initiated under some other rule,
MCR 7.105(B)(2) is not applicable and, therefore, did not authorize the proposed amendment.
Affirmed.
/s/ Kathleen Jansen
/s/ Jeffrey G. Collins
/s/ Jessica R. Cooper
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