Campbell v. North Woodward Bd. of Realtors, Inc.

• Decision Date: 02 December 1968
• Docket Number: No. 2,Docket No. 4707,2
• Citation: 14 Mich.App. 714,166 N.W.2d 12
• Parties: Ronald L. CAMPBELL, Plaintiff-Appellant, v. NORTH WOODWARD BOARD OF REALTORS, INC., Defendant-Appellee
• Court: Court of Appeal of Michigan — District of US

Page 12

166 N.W.2d 12

14 Mich.App. 714

Ronald L. CAMPBELL, Plaintiff-Appellant, v. NORTH WOODWARD BOARD OF REALTORS, INC., Defendant-Appellee.

Docket No. 4707.

Court of Appeals of Michigan, Division No. 2.

Dec. 2, 1968.

Released for Publication March 27, 1969.

Charles J. Porter, Condit, Denison, Devine, Porter & Bartush, Bloomfield Hills, for appellant.

Maurice A. Merritt, Birmingham, for appellee.

Before QUINN, P.J., and HOLBROOK and VANDER WAL, ^* JJ.

QUINN, Presiding Judge.

Prior to January 12, 1967, plaintiff was a member of defendant, a nonprofit corporation. On January 12, 1967 and after a hearing held pursuant to the by-laws of defendant, its ethics and arbitration committee suspended plaintiff from active membership for 6 months, assessed a fine of $2,000 against plaintiff, ordered him to pay costs of $215 and to pay a listing and sales commission to one Hogan. This action by the ethics and arbitration committee became final and effective February 8, 1967.

Originally, the present action was commenced by plaintiff to obtain injunctive relief against a prior suspension on the basis that defendant failed to comply with its by-laws in the proceeding which resulted in that suspension. That phase of this litigation has been terminated by plaintiff's reinstatement until January 12, 1967, a money judgment for damages arising from wrongful suspension and satisfaction of that judgment.

By stipulation, plaintiff filed an amended complaint which contained a conglomerate attack on the suspension order of January 12, 1967 and which sought injunctive relief as to the suspension and fine, and money damages for wrongful suspension. Defendant moved to dismiss. The trial court properly treated this as a motion for summary judgment under GCR 1963, 117.2(1), and after hearing, this motion was granted.

Plaintiff then moved for leave to file a second amended complaint. After hearing and examination of the proposed second amended complaint, the trial court determined that the second amended complaint was essentially the same as the amended complaint and denied leave. Plaintiff appeals from the summary judgment and from denial of leave to file a second amended complaint.

Defendant is a voluntary organization. Contained in plaintiff's application for membership in defendant is the following:

'I agree to abide by its constitution, by-laws and rules and regulations, and the code of ethics of the National Association of Real Estate Boards. I irrevocably waive all claims against the board or any of its officers, directors or members, for any act in connection with the business of the board, and particularly as to its or their acts in electing or failure to elect, advancing, suspending, expelling, or otherwise disciplining me as an applicant, or as a member.'

Article 7 of defendant's by-laws provides the machinery and procedure for processing charges of unethical conduct against members of defendant. The decision of the ethics and arbitration committee of defendant found that 3 of 5 charges of unethical conduct...