dissenting:
I respectfully dissent. Although summary judgment is not appropriately used as a substitute for trial where there are genuine issues of material fact, Ahlm v. Rooney, 274 Minn. 259, 262, 143 N.W.2d 65, 68 (1966), neither should this court strain to find a triable issue. The majority opinion raises solely legal issues, none of which can be determined favorable to appellant’s claim for a greater pension benefit.
I see no ambiguity in section 1(b) of Article Eight of the 1975 bylaws, which refers only to payment of the deferred pension. An ambiguity is created only by considering the subsequently-enacted section 1(d). That language, however, was deleted before Kelley applied for his pension. I see no basis for extending its terms to one who retired before it was passed and made no pension application until after its deletion. Moreover, given the presumption of the regularity of municipal actions, Rose Realty, Inc. v. Village of Roseville, 272 Minn. 130, 133-34, 136 N.W.2d 587, 590 (1965), the mere possibility of improper deletion does not raise a genuine issue of fact. Finally, I would hold that as a matter of law the trustee was acting beyond the scope of his authority in making any representations to Kelly as to the effect of pending changes in the bylaws.