24-003565 Order Requiring Amended Answer.pdf
Benjamin Evans, Petitioner V Township Of Richmond, Respondent · 24-003565-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 Benjamin Evans, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003565 Richmond Township, Presiding Judge Respondent. Patricia L. Halm ORDER DENYING PETITIONER’S MOTION TO WITHDRAW ORDER REQUIRING AMENDED ANSWER On November 14, 2024, Petitioner filed a motion requesting that the Tribunal permit them to withdraw the petition filed in this case. In the motion, Petitioner states that they determined that an incorrect appeal form was submitted after receiving Respondent’s answer. Petitioner attached a completed valuation petition form to their request to withdraw the petition. Respondent did not file a response to Petitioner’s motion. The Tribunal has considered the file in this case and finds that Petitioner submitted their initial petition on June 21, 2024. As indicated above, Petitioner utilized the wrong petition form for the issue being appealed. However, the Tribunal partially erred in the processing of the above-referenced appeal inasmuch as Petitioner was not placed in default for filing the wrong petition for the issue being appealed. Although Petitioner’s Motion to Withdraw explained that they were seeking to withdraw the petition in order to refile the correct petition form, the Tribunal finds that withdrawing the petition is unnecessary and not warranted given Petitioner submitted the proper petition form. Although Respondent filed a special assessment answer form, Respondent ultimately filed the wrong answer for the issue being appealed based on Petitioner’s mistake. As a result, Respondent must complete and return the appropriate Small Claims answer form for the issue being appealed within 14 days of entry of this order. Small Claims answer forms can be found on our website at www.michigan.gov/taxtrib. Therefore, IT IS ORDERED that Petitioner’s Motion to Withdraw is DENIED. IT IS FURTHER ORDERED that Respondent shall file an amended answer using the appropriate Small Claims answer form for Parcel. No. 52-13-004-006-10 for the 2024 tax year within 14 days of entry of this order.
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MTT Docket No. 24-003565 Page 2 of 2 Failure to comply with this order may result in Respondent being held in default, as provided by TTR 237. Entered: June 25, 2025 By _____________________________ smm/gc 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