Johnson v. Menominee

In Johnson v. Menominee, 173 Mich App 690, 693-694; 434 NW2d 211 (1988), the Court observed: It is fundamental that those dealing with public officials must take notice of the powers of the officials. Superior Ambulance Service v. Lincoln Park, 19 Mich App 655, 660; 173 NW2d 236 (1969). Persons dealing with a municipal corporation through one of its officers must at their peril take notice of the authority of the particular officer to bind the corporation. Id. If the officer's act is beyond the limits of his or her authority, the municipality is not bound. Id., p. 661. Generally, no officer or board, other than the common council, has power to bind the municipal corporation by contract. 10 McQuillin, Municipal Corporations (3d ed, 1981 Rev), 29.15, p 255. In Johnson, the Court ruled that the plaintiff failed to show a binding employment contract because the city's Personnel and Labor Committee and individual council members had no authority, under the city charter, to reappoint the plaintiff as the city engineer.