26-002907.pdf

Alpha Home & Property Maint LLC Petitioner V City Of Novi Respondent · 26-002907-TT

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STATE OF MICHIGAN

GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA

 GOVERNOR LANSING DIRECTOR



 Alpha Home & Property Maint LLC, MICHIGAN TAX TRIBUNAL

 Petitioner, SMALL CLAIMS DIVISION



 v MTT Docket No. 26-002907



 City of Novi, Presiding Judge

 Respondent. Patricia L. Halm



 ORDER OF DISMISSAL



 The Tribunal has considered the file in this case and finds that Petitioner was placed in

 default on July 31, 2026, because Petitioner filed the wrong petition for the issue being

 appealed. On September 3, 2026, the Tribunal extended the time for Petitioner to cure

 the default by an additional 14 days, and they have failed to respond. Petitioner has not

 complied with either order, and the latter stated that “failure to comply with this order

 may result in the dismissal of the case” and referenced Grimm v Dep’t of Treasury.1 In

 Grimm, the Michigan Court of Appeals summarized factors that the Tribunal should

 consider before imposing the sanction of dismissal. Those factors are:



 (1) whether the violation was wilful or accidental; (2) the party's history of

 refusing to comply with previous court orders; (3) the prejudice to the

 opposing party; (4) whether there exists a history of deliberate delay; (5) the

 degree of compliance with other parts of the court's orders; (6) attempts to

 cure the defect; and (7) whether a lesser sanction would better serve the

 interests of justice.2



 Here, Petitioner’s failure to comply with multiple orders has established a history of

 deliberate delay. As a result, giving careful consideration to the factors involved and

 considering all options in determining what sanction is just and proper, the Tribunal

 finds that dismissal is appropriate, and a lesser sanction would not be appropriate in

 light of Petitioner’s history of noncompliance in this case.



 Therefore,



 IT IS ORDERED that this case is DISMISSED.



 This order resolves all pending claims in this matter and closes this case.



 1 Grimm v Dep’t of Treasury, 291 Mich App 140 (2010).

 2 Id. at 149.



 MICHIGAN TAX TRIBUNAL · 611 W. OTTAWA ST., LANSING, MI 48933 · 517-335-9760

 PO BOX 30232, LANSING, MI 48909 · Other Carriers: 2407 N. GRAND RIVER AVE., LANSING, MI 48906

MTT Docket No. 26-002907

Page 2 of 2



 APPEAL RIGHTS



If you disagree with the final decision in this case, you may file a motion for

reconsideration with the Tribunal or a claim of appeal with the Michigan Court of

Appeals.



A motion for reconsideration must be filed with the Tribunal with the required filing fee

within 21 days from the date of entry of the final decision. Because the final decision

closes the case, the motion cannot be filed through the Tribunal’s web-based e-filing

system; it must be filed by mail or personal service. The fee for the filing of such

motions is $50.00 in the Entire Tribunal and $25.00 in the Small Claims Division, unless

the Small Claims decision relates to the valuation of property and the property had a

principal residence exemption of at least 50% at the time the petition was filed or the

decision relates to the grant or denial of a poverty or disabled veterans exemption and,

if so, there is no filing fee. You are required to serve a copy of the motion on the

opposing party by mail or personal service or by email if the opposing party agrees to

electronic service, and proof demonstrating that service must be submitted with the

motion. Responses to motions for reconsideration are prohibited and there are no oral

arguments unless otherwise ordered by the Tribunal.



Alternatively, you may file a claim of appeal with the Michigan Court of Appeals. If the

claim is filed within 21 days of the entry of the final decision, it is an “appeal of right.” If

the claim is filed more than 21 days after the entry of the final decision, it is an “appeal

by leave.” A copy of the claim of appeal must be filed with the Tribunal to certify the

record on appeal. There is no certification fee.



Entered: September 28, 2026 By: /s/ Patricia L. Halm

kac



 PROOF OF SERVICE



I certify that a copy of the foregoing was sent on the entry date indicated above to the

parties or their attorneys or authorized representatives, if any, utilizing either the mailing

or email addresses on file, as provided by those parties, attorneys, or authorized

representatives.



 By: Tribunal Clerk

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