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STATE OF MICHIGAN
COURT OF APPEALS


KENNETH H. HEMPSTEAD, Plaintiff-Appellee, v CHARTER TOWNSHIP OF WATERFORD and WATERFORD TOWNSHIP GENERAL EMPLOYEES RETIREMENT SYSTEM, Defendants-Appellants.

UNPUBLISHED April 20, 2006

No. 259408 Oakland Circuit Court LC No. 2003-051762-AA

Before: Cooper, P.J., and Cavanagh and Fitzgerald, JJ. PER CURIAM. Defendants appeal as of right the issuance of a writ of superintending control in plaintiff's favor. We reverse. This case arises from defendants reduction of plaintiff's local retirement pension. Shortly after plaintiff's retirement as a district court judge, defendants reduced plaintiff's pension asserting that the amount had been miscalculated because the state standardization payment was impermissibly included in the calculation of both plaintiff's state and local pensions. Plaintiff requested a rehearing before the pension committee, which was granted and culminated in the affirmance of the reduction. Plaintiff then sought a writ of superintending control from the circuit court, which was issued after findings including that (1) defendants improperly attempted to expand the record on appeal and such exhibits were stricken, (2) the decision did not comply with the governing ordinance, and (3) the decision was not supported by competent, material, and substantial evidence. This appeal followed. First, defendants argue that the circuit court erroneously concluded that they attempted to expand the record on appeal therefore their exhibits were improperly stricken. A circuit court's decision to admit or exclude evidence is reviewed by this Court for an abuse of discretion. Craig v Oakwood Hosp, 471 Mich 67, 76; 684 NW2d 296 (2004). Pursuant to Waterford Township Ordinance

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Michigan Law