25-003075 extend.pdf
Robert Edwards, Jean Edwards, Petitioners Vs. Township Of Schoolcraft, Respondent · 25-003075-TT
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR 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 Robert Edwards & Jean Edwards, MICHIGAN TAX TRIBUNAL Petitioners, v MTT Docket No. 25-003075 Schoolcraft Township, Presiding Judge Respondent. Patricia L. Halm ORDER EXTENDING TIME FOR PETITIONERS TO CURE DEFAULT The Tribunal has considered the file in this case and finds that it entered an order holding Petitioners’ Motion to Set Aside Default in abeyance on October 30, 2025, and an Order Extending Time for Petitioners to Cure Default. Pursuant to the order, Petitioners were required to pay the fee required for the filing of the petition within 14 days. Though Petitioners timely responded and submitted the required filing fee, and thus have cured the initial default, they have not filed a proper proof evidencing service of the petition, as required by TTR 227.1 Petitioners opted to file their appeal in the Entire Tribunal, which utilizes a formal hearing process to resolve disputes, and they are therefore required to serve the petition with “noted docket number” on all six of the following parties-in-interest: (1) the certified assessor or board of assessors, (2) the township supervisor or clerk, (3) the county equalization director, (4) the county clerk, (5) the secretary of the local school board, and (6) the treasurer of this state. The assessor and township supervisor or clerk must be served by certified mail or personal service; all other parties may be served by first class mail or personal service. The proof of service filed with the petition was filed prior to the Tribunal assigning a docket number, and it indicates that only two of the parties-in-interest were served with the undocketed petition. As such, and inasmuch as Petitioners are subject to default for proper proof of service, the Tribunal finds an extension of the current default appropriate. Petitioners’ appeal qualifies for the Small Claims Division, which utilizes an informal hearing process to resolve disputes, based on the classification of the property at issue and amount in dispute. Petitioners may therefore file a written motion requesting to have the case transferred to the Small Claims Division in lieu of the required proof of service discussed above. The motion must be accompanied by a completed Small Claims petition form and the required $50.00 motion fee. 1 The Notice of Docket Number issued on August 1, 2025 stated: “This docket number shall be noted on the petition and the petition shall be served within 45 days of the issuance of this notice, as required by TTR 227 and MCL 205.735a, even if the petition as served when filed. A proof of service shall also be filed with the Tribunal within 45 days of the issuance of this notice evidencing the service of the petition.”
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MTT Docket No. 25-003075 Page 2 of 2 Therefore, IT IS ORDERED that the time for Petitioners to cure the default is EXTENDED. IT IS FURTHER ORDERED that Petitioners must complete the following to cure the default: File proof evidencing service of the Entire Tribunal petition on all six parties-in- interest in the manner required by TTR 227. Alternatively, Petitioners may file a motion requesting to transfer the case to the Small Claims division with Small Claims petition form and $50.00 motion fee. The foregoing must be filed with the Tribunal within 14 days of entry of this order.2 Failure to comply with this order may result in dismissal of the case, as provided by TTR 237.3 Entered: November 26, 2025 By _____________________________ ejg 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 2 “A submission by mail is considered filed on the date indicated by the United States Postal Service postmark on the envelope containing the submission. A submission without a postmark or with an illegible postmark is considered filed on the date the submission is received by the tribunal. A submission by commercial delivery service is considered filed on the date the submission is given to the commercial service for delivery to the tribunal as indicated by the receipt date on the package containing the submission. A submission by personal service is considered filed on the date the submission is received. A submission through the tribunal’s e-filing system by 11:59 p.m. on a business day is considered filed on that business day. A submission by email to the email address designated by the tribunal by 11:59 p.m. on a business day is considered filed on that business day. A submission on a Saturday, a Sunday, or a holiday is considered filed on the following business day, as provided by section 35a of the tax tribunal act, MCL 205.735a.” TTR 225(5). 3 See also MCL 205.732.