Lothian v. City of Detroit
Lothian v. City of Detroit
Opinion of the Court
In this case, we are asked to decide whether plaintiff’s claim for accrued retirement benefits, filed long after the applicable statutory period of limitations had expired, is barred. We hold that plaintiff’s claim is barred. Accordingly, we reverse.
I
In 1962, plaintiff Robert Lothian,
The catalyst in this case was the Court of Appeals issuance, on June 25, 1973, of its opinion in Van Antwerp v Detroit, 47 Mich App 707; 210 NW2d 3 (1973).
On May 8, 1974, plaintiff instituted the present action in the Wayne Circuit Court, alleging that defendants unlawfully withheld $21,247.71 in pension benefits due him, and requesting that mandamus issue against defendants. After an abbreviated
On March 7, 1980, the Court of Appeals affirmed in an unpublished per curiam opinion.
II
Because the instant case is addressed to the interplay between the equitable doctrine of laches and its counterpart at law, the statute of limitations, we pause briefly to examine the traditional roles of these two doctrines.
A statutory limitations period represents a legislative determination of that reasonable period of time that a claimant will be given in which to file an action. A statute of limitations is a statute of
Limitations periods created by statute are grounded in a number of worthy policy considerations. They encourage the prompt recovery of damages, Buzzn v Muncey Cartage Co, 248 Mich 64, 67; 226 NW 836 (1929); they penalize plaintiffs who
There is a maxim in law "that nothing can interrupt the running of the statute of limitation”, Klass v Detroit, 129 Mich 35, 39; 88 NW 204 (1901). However, exceptions to this tenet have been developed by both the courts and the Legislature. Under certain circumstances, e.g., for the duration of a claimant’s personal disability (and perhaps for a specified time thereafter), MCL 600.5851; MSA 27A.5851, the running of the applicable statute of limitations may be suspended. Similarly, this affirmative defense may be waived by failure to plead it, by express agreement not to assert it, or by conduct which estops the defendant from interposing it. See Kibbey v Gordon Mfg Co, 260 Mich 531; 245 NW 512 (1932); Klass, supra; Renackowsky v Board of Water Comm’rs of Detroit, 122 Mich 613; 81 NW 581 (1900); Voorheis v People’s Mutual Benefít Society of Elkhart, Indiana, 91 Mich 469; 51 NW 1109 (1892); Allen v Conklin, 112 Mich 74; 70 NW 339 (1897); 51 Am Jur 2d, Limitation of Actions, §§ 422-452, pp 894-914.
Although laches is recognized as a doctrine independent from the statute of limitations, both in its development and in its conceptualization, in Cer
"[T]here has been a strong tendency to apply by analogy the corresponding limitation at law fixed by statute upon corresponding legal actions, and to hold that delay beyond that period will bar the action in equity without much attention to whéther an important change in the position of the parties has taken place or not.” Walsh, Equity, § 102, p 474.
See, also, Young v Young, 200 Mich 236; 167 NW 23 (1918); Brown v Harrison, 242 Mich 603; 219 NW 606 (1928). As suggested by the excerpt above, judicial inclination to apply limitations provisions by analogy is limited to those cases in which the law provides relief analogous to that awardable in chancery. "Equity follows the analogies of the law in all cases where an analogous relief is sought upon a similar claim.” Michigan Ins Co of Detroit v Brown, 11 Mich 265, 272 (1863). See, also, People ex rel Attorney General v Michigan Central R Co, 145 Mich 140, 145; 108 NW 772 (1906); Campau v Chene, 1 Mich 400 (1850); Jenny, supra. The reason underlying this "by analogy” technique is self-evident. This approach plugs the gap which might otherwise allow a plaintiff to dodge the bar set up by a limitations statute simply by resorting to an alternate form of relief provided by equity. In this vein, Justice Cooley’s remarks in Smith v Davidson, 40 Mich 632, 633 (1879), are appropriate:
"[I]f [a claim is held] barred at law, it must be held barred in equity also. The policy of the statute * * * cannot be evaded by the party electing one forum rather than another for litigating the rights which he*170 disputes; but equity by analogy will apply the limitation to his case.”
See, also, Michigan Central R Co, supra.
However, it is clear that courts traditionally have not bent to the strictures of a statute of limitations where the law does not supply relief analogous to that afforded in equity. Thus, it is said that where "compelling equities are shown”, Moross v Oakman, 257 Mich 464, 466; 241 NW 181 (1932), or "where the relief is in its nature one of equitable and not of legal cognizance, and the remedy is of a purely equitable nature, equity follows its own rules”, Michigan Ins Co, supra, 272. In such cases, laches will stand on its own as the controlling doctrine.
Thus, laches might be viewed from two different perspectives in the traditional context: (1) in cases which are "purely equitable” or which display "compelling equities”, laches may be invoked by a defendant to bar a plaintiff’s claim without reference to any statutory limitations period, i.e., a claim may be held barred by laches early in the lawsuit, or long after all available statutory limitations provisions have expired, see Rodgers v Beckel, 172 Mich 544, 550; 138 NW 202 (1912); or (2) in equity cases in which corresponding relief is available at law, the existence of laches generally will be ascertained with reference to an analogous statute of limitations.
Ill
On appeal, defendants contend (1) that the Court of Appeals reliance upon this Court’s decision in Seguin v Madison, 328 Mich 600; 44 NW2d 150 (1950), in support of its conclusion that plaintiff’s suit had been timely filed, was misplaced; (2) that
A
We first address the propriety of the Court of Appeals reliance upon Seguin and the accuracy of the majority’s analysis of that case in light of the facts presented here. Preliminary to our discussion, a brief summary of the position adopted by the Court of Appeals is warranted.
In discussing the procedural consequences of plaintiffs delay in filing the instant action, the Court of Appeals initially ascertained that plaintiffs action had been filed beyond the six-year limitations period for breach of contract specified in MCL 600.5807; MSA 27A.5807.
"In Seguin v Madison, 328 Mich 600, 607; 44 NW2d 150 (1950), the Supreme Court indicated that the doc
The Court then examined the merits of the instant case, determined that they exposed peculiar circumstances which permitted expansion of the limitations period, and concluded that plaintiffs action had not been barred, even though it had been instituted after the period of limitations had expired.
We agree with defendants that the Court of Appeals erred in utilizing Seguin as a basis for affording plaintiff additional time in which to file his action for retirement benefits. We take issue both with the majority’s interpretation of Seguin and with its application of what it perceived to be
The Court of Appeals characterization of Seguin as proposing or approving "a flexible rule to be controlled by the circumstances of each case” is misguided. The Seguin case concerned an action to set aside an interest in lands, commenced more than 30 years after the plaintiffs’ cause of action had accrued. An assortment of equitable relief was requested from the trial court by the plaintiffs. However, the trial court determined that the plaintiffs were chargeable with laches, since they continuously had been apprised of the relevant facts with reference to the lands in question, and yet had delayed filing their action.
On appeal, this Court affirmed. However, contrary to what is suggested by the Court of Appeals in the case at bar, in so doing, we did not "[find] that 'Courts of equity accept the statute as fixing a proper period of repose for rights in equity as well as at law and apply it unless the suit is peculiarly equitable in nature or compelling equities are shown’ ”. In fact, the quoted material did not originate in Seguin at all (as the Court of Appeals indicates), but instead was formulated in an earlier case, Moross, supra. It appears that this language was only quoted by the Seguin Court in an effort to summarize concisely the traditional application of the doctrine of laches. The actual holding of Seguin is neither profound nor particularly significant here. It is merely that courts of equity will decline to assist those who have been dilatory in asserting their claims. Above all, Seguin cannot be viewed as authority for the proposition that flexibility is, in every case, the standard to be used in determining the application of laches.
Even assuming the current validity of the tradi
While there are certain equitable aspects to plaintiff’s case, this feature in itself does not warrant denomination of the action as one purely in equity. The heart of plaintiff’s action is that defendants allegedly have breached their contractual obligation to pay to plaintiff certain sums of money upon his retirement from the police force. Equity has been principally invoked with respect to the process through which plaintiff will receive relief (mandamus) if his contractual claim is cognizable.
Nor do we perceive any compelling equities in
One further commentary upon the Court of Appeals opinion in this case is in order. Neither Seguin nor Moross supports the remarkable proposition that laches may be applied to breathe life into an expired cause of action. Laches is not, by any stretch of the imagination, an affirmative device. It is, instead, a cut-off measure, interposed as a defense designed to lay to rest claims which are stale as well as prejudicial to the defendant. It is equity — and the absence of laches — which have in tradition occasionally permitted plaintiffs to proceed in the face of an expired statutory limitations period.
However, not only did the Court of Appeals err in interpreting Seguin and the traditional laches rule with reference to the facts of the instant case, it also failed to recognize the effect of a statute which we consider to be determinative of the issue before us, MCL 600.5815; MSA 27A.5815.
B
The limitations chapter of the Revised Judica
The thrust of plaintiff’s argument in this regard is that defendants are estopped from setting up the laches-limitations defense because their conduct induced him to forbear bringing suit until after the statute had run. Basically, defendants respond that they are not precluded from interposing these defenses, since plaintiff was wholly apprised of the facts which comprised his cause of action at the time he executed the waiver of retirement benefits.
The doctrine of equitable estoppel, a judicially fashioned exception to the general rule which provides that statutes of limitation run without interruption, see Klass, supra, 129 Mich 39, "is essentially a doctrine of waiver” which "serves to extend the applicable statute of limitations — by
An overview of Michigan cases addressed to the estoppel theory in the context of the statute of limitations defense discloses that this Court has been reluctant to recognize an estoppel in the absence of conduct clearly designed to induce "the plaintiff to refrain from bringing action within the period fixed by statute”. Renackowsky, supra, 122 Mich 616. See Green v Detroit, 87 Mich App 313, 319; 274 NW2d 51 (1978). For example, in Klass, supra, 129 Mich 39-40, this Court observed that the estoppel exception developed by the courts "seems to be limited to cases involving an intentional or negligent deception”. Thus, "the defendant will not be precluded from availing himself of such defense [limitations] unless it can be fairly said that he is responsible for deceiving the plaintiff, and inducing him to postpone action upon some reasonably well grounded belief that his claim will be adjusted if he does not sue.” Similarly, in Hughes v Detroit, 336 Mich 457, 462; 58 NW2d 144 (1953), a case which referred to certain of the language from Klass noted above, this Court
Consideration of the factors which must be established to make out an estoppel, along with the limited approach taken in earlier cases to the application of estoppel in the limitations environment, leads us to conclude that plaintiff’s equitable estoppel argument is untenable. Plaintiff has not persuaded us that the statements made to him by Mr. Zylich at the time the waiver was executed amounted to false representations, or that defendants’ conduct involved concealment of any material fact. Defendants, at most, are chargeable only with having implemented a city policy which would be struck down by an appellate court more than a decade later. The only fact represented to plaintiff was that the city had such a policy. Defendants did not intimate that this policy had been judicially tested, or that it was legally unassailable (i.e., that plaintiff would not have had a case against the city had he been of a mind to challenge the policy in court).
IV
We hold that plaintiff’s action in mandamus to recover retirement benefits withheld by defendants
Accordingly, we reverse the judgments of the trial court and the Court of Appeals, and we remand this matter to the trial court for proceedings consistent with this opinion.
Plaintiffs brief on appeal advises that Mr. Lothian died on December 8, 1980.
The waiver executed by plaintiff read as follows:
"Waiver
"To the Board of Trustees of the
"Policemen and Firemen Retirement System
"I, Robert A. Lothian, being eligible to receive a pension by reason of service in the Detroit Police Department, and desirous of carrying out the duties and functions of Second Deputy Police Commissioner and civilian head of the Police Department’s Business Administration, to which I have been appointed, do hereby waive, release and refuse any pension payments to which I shall be entitled from my effective date on and so long as I shall continue to occupy the appointive title.
"This I do of my own free will and accord.”
Lv den 390 Mich 781 (1973).
The only witnesses at trial were plaintiff and Peter Zylich.
The Court of Appeals panel was split 2 to 1, Judge Bashara dissenting.
The language cited in Ramsey is extracted from Wood v Carpenter, 101 US 135; 25 L Ed 807 (1879).
The historical roots of statutes of limitations are sketched in Comment, Developments in the Law — Statutes of Limitations, 63 Harv L Rev 1177 (1950).
Bell v Morrison, 26 US (1 Pet) 351, 360; 7 L Ed 174 (1828), quoted in Abbott v Michigan State Industries, 303 Mich 575, 580; 6 NW2d 900 (1942).
An exception to the usual rule that statutes of limitations are procedural, rather than substantive, is that where a new cause of action has been created by statute, a limitations statute specifically directed to this new cause of action generally is regarded as substantive. See Comment, Conflict of Laws — The Nature of Statutes of Limitation, 50 Mich L Rev 302 (1951).
Note that the word "laches” is etymologically related to the word "lax”.
Plaintiffs action is founded on contract, i.e., plaintiffs complaint alleges that defendants’ unlawful withholding of pension benefits was in violation of plaintiffs contractual right to uninterrupted benefits. Thus, the Court of Appeals correctly concluded that the six-year limitations period provided for in MCL 600.5807; MSA 27A.5807 applies. That plaintiffs action is denominated as a claim for mandamus should not alter, our determination of the applicable limitations period. McRae v Auditor General, 146 Mich 594; 109 NW 1122 (1906). The record reveals that plaintiff did not file his action within six years after his cause of action accrued.
The Court of Appeals stated:
"The circumstances of the instant case call for the expansion of the statutory period for bringing suit. The defendant attempted to terminate plaintiffs pension benefits pursuant to a publicly undeclared board policy that benefits not be paid while plaintiff was employed by defendant in a civilian capacity. However, the charter provision, upon which defendant’s retirement system is based, contains no language modifying the pension plan in the manner sought by defendant’s board policy. It merely states that eligible retirees shall receive pension benefits. See Title 9, chapter 7 of the Charter of the City of Detroit, Article 6, Section 2.1. Plaintiff was an eligible employee as of the date of his police retirement. His matured right to pension benefits should not have been undermined by defendant’s policy, absent modifying language in the charter or a charter amendment to such effect. Furthermore, and as a consequence of the foregoing, plaintiff’s waiver, which was executed in reliance upon defendant’s policy representations, cannot be considered to have been knowingly or voluntarily entered.”
Mandamus has been described as "a legal process * * * governed by equitable principles.” McRae v Auditor General, 146 Mich 594, 596; 109 NW 1122 (1906). An additional equitable feature in this case is the apparent need for rescission of the waiver in the event plaintiff prevails on the merits of his claim.
The limitations chapter provides, inter alia, that the limitations period prescribed by statute will be tolled in the event of the plaintiffs disability, MCL 600.5851; MSA 27A.5851; when the defendant is absent from the state and the court has not acquired jurisdiction over him, MCL 600.5853; MSA 27A.5853; during times of war, if the plaintiff is a citizen of a country at war with the United States, MCL 600.5854; MSA 27A.5854; while plaintiffs claim remains undiscovered (and for two years after discovery) as a result of defendant’s fraudulent concealment of the cause of action, MCL 600.5855; MSA 27A.5855; and when the complaint has been filed and the defendant has been served, MCL 600.5856; MSA 27A.5856. Naturally, when equity determines to follow the dictates of a limitations statute, or where the statute of limitations is made expressly applicable to suits in equity, these same tolling provisions are relevant.
However, one of these statutory provisions, MCL 600.5855; MSA 27A.5855, is closely allied with plaintiff’s equitable estoppel argument. See Dawson, Estoppel and Statutes of Limitation, 34 Mich L Rev 1, 23-24 (1935); Developments in the Law, supra, 63 Harv L Rev 1222-1223.
One factor "which may bear on the degree of negligence or culpability of the public agency [is] * * * whether it purports to advise and direct or merely to inform and respond to inquiries,” Driscoll v Los Angeles, 67 Cal 2d 297, 307; 61 Cal Rptr 661; 431 P2d 245 (1967).
Plaintiff additionally claims that defendants are estopped from interposing the laches-limitations defense because a fiduciary or confidential relationship existed between the parties. Although it has been noted that the relationship between a pension applicant and a pension board may be viewed as a confidential one, it appears that this aspect is primarily significant only insofar as it relates to "the seriousness of the effect of the public agency’s conduct or advice on the claimant.” Driscoll, supra, 308. In the case at bar, the nature of the relationship extant between plaintiff and defendants is of little importance, given the fact that plaintiff’s decision to delay filing suit was not induced as a consequence of the relationship.
Concurring Opinion
(concurring). I concur in the Court’s conclusion that plaintiffs claim for accrued retirement benefits is barred as untimely. Plaintiff filed suit after the six-year statutory limitation period applicable to breach of contract actions had expired. Equitable considerations, given the facts and circumstances of this case, do not compel a different result. However, I cannot subscribe to some of the Court’s broader generalizations concerning the doctrines of laches and equitable estoppel found in Part III of its opinion.
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