Kenneth a Costella v. City of Taylor Police & Fire Retirement Sys

• Court: Michigan Supreme Court
• Decided: February 5, 2014
• Docket: 147810
• Status: Published

Opinion

Order Michigan Supreme Court Lansing, Michigan

February 5, 2014 Robert P. Young, Jr., Chief Justice

147810 Michael F. Cavanagh Stephen J. Markman Mary Beth Kelly Brian K. Zahra Bridget M. McCormack KENNETH A. COSTELLA, David F. Viviano, Plaintiff-Appellee, Justices

v SC: 147810 COA: 310276 Wayne CC: 11-015152-AS TAYLOR POLICE & FIRE RETIREMENT SYSTEM, Defendant-Appellant, and CITY OF TAYLOR, Defendant-Appellee.

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On order of the Court, the application for leave to appeal the August 27, 2013 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals and we REINSTATE the March 26, 2012 order of the Wayne Circuit Court granting the defendants’ motions for summary disposition, for the reasons stated in the Court of Appeals dissenting opinion. In particular, the circuit court did not clearly err in concluding that defendant Taylor Police and Fire Retirement System’s final decision regarding the plaintiff’s pension benefits was not contrary to law, was not arbitrary, capricious, or a clear abuse of discretion, and was supported by competent, material and substantial evidence on the whole record. See VanZandt v State Employees’ Retirement Sys, 266 Mich App 579, 583-585 (2005).

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. February 5, 2014 t0129 Clerk