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251222 Motion to Set Aside Default w_POS.pdf

Fossores, Petitioner Vs. City Of Jackson, Respondent · 24-004252-TT

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iB 

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON 

I. BROWN, DPA 

GOVERNOR 

LANSING 

DIRECTOR 

FOSSORES 

, 

MICHIGAN TAX TRIBUNAL 

Petitioner(s) 

v 

MTT Docket No._24-004252 

CITY OF JACKSON 

Respondent(s) 

MOTION TO SET ASIDE DEFAULT 

1. 

A default was entered against me on 11/07/2025 

and, 

if applicable, the default 

was extended on 12/12/2025 

2. 

Good cause exists to set aside the default because: 

See Attachment to Motion to Set Aside Default. 

3. 

| ask this Tribunal to set aside the default. 

Re lll. penasy 

TE here) 

Ryan L. Phillips 

[Print/type name of person signing] 

| certify that on this date 

| served a copy of this Motion, and any additional documentation, on the 

opposing party or their representative. 

2\ao\a— 

\o AA Ls 

Date 

(sign here) 

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

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STATE OF MICHIGAN 

DEPT. OF LICENSING AND REGULATORY AFFIRAS 

FOSSORES, a domestic nonprofit corporation, 

Petitioner, 

MICHIGAN TAX TRIBUNAL, ENTIRE 

TRIBUNAL 

MOAHR docket no. 24-004252 

CITY OF JACKSON, Respondent. 

Ryan L. Phillips PC 

City of Jackson 

Ryan L. Phillips P73731 

Mark M. Porterfield P57917 

Attorney for Petitioner 

Attorney for Respondent 

180 W Michigan Ave., suite 603 

161 

W Michigan Ave. 

Jackson, M149201 

Jackson, M1 49201 

(517) 796-3907 

(517) 788-4050 

@philli 

batel 

field@cityofiack 

ATTACHMENT TO MOTION TO SET ASIDE DEFAULT 

FACTUAL BACKGROUND 

Pursuant to this Honorable Court’s Order Severing 2024 and 2025 Tax Years and 

Assigning to Docket Number 24-004252, Petitioner filed its Entire Tribunal Property Tax 

Petition on November 3, 2025. At that time, Petitioner's Paralegal sent a copy of said Petition 

to Counsel for Respondent, Attorney Mark M. Porterfield. 

On November 5, 2025, this Honorable Court issued its Notice of Docket Number. That 

Notice of Docket Number provided Petitioner with 45 days to serve interested persons. That 

Notice of Docket Number provided that a new proof of service must be filed even if one was 

already filed with the Petition. 

Still, only 

2 days later, this Honorable Court issued its Order 

of Default. No additional 

proof of service had been filed as required by the Notice of Docket Number (where 43 days 

remained during which that service could 

be perfected). This Order of Default was 

apparently based on a November 3, 2025 Proof of Service despite the November 5, 2025 

Notice of Docket Number instructing that another proof of service must be filed in any event.

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The Court held Petitioner in default despite there being then 43 days left to serve interested 

persons pursuant the Court’s Notice of Docket Number. 

Counsel 

for Petitioner instructed his Paralegal 

to serve the Clerk of the City of Jackson 

as well as other interested persons according to MTT Rules. Petitioner’s office (180 W 

Michigan Ave., Jackson, Ml) is directly across the street from City Hall in Jakson (161 W 

Michigan Ave., Jackson, Ml) and Counsel for Petitioner instructed his Paralegal to serve the 

Clerk of the City of Jackson by personal service. Counsel for Petitioner’s Paralegal did serve 

the Clerk of the City of Jackson on November 10, 2025, and prepared and filed her Proof of 

Service." 

This Honorable Court entered its Order Extending Time for Petitioner to Cure Default 

on December 12, 2025. At that time, 8 days remained in the time for service provided by the 

Court in its Notice of Docket Number. All interested persons were served pursuant to MTT 

Rule on December 16, 2025, where 4 days remained in the time for service provided by the 

Court in its Notice of Docket Number.? 

DISCUSSION OF GOOD CAUSE 

This Honorable Court set forth its expectations of Petitioner in its November 5, 2025 

Notice of Docket Number then, without any intervening action by Petitioner, sua sponte held 

Petitioner in default in its November 7, 2025, Order of Default, only 2 days later. 

In in re Baby Boy Doe (Kruithoff v. Catholic Charities of West Michigan), the Michigan 

Court of Appeals held it was “plain error affecting substantial rights” for two circuit courts 

(Ottawa and Kalamazoo) to enter conflicting orders even though the one was not aware of 

the other. In re Baby Boy Doe, 338 Mich App 571, 590; 980 NW2d 513 (2021). Petitioner in the 

present case has been given conflicting instructions by the very same court. The conflicting 

instructions given to Petitioner by this Honorable Court have led to confusion in Counsel for 

Petitioner’s office as to Petitioner's requirements for service upon interested persons. 

Michigan law favors the determination of claims based on their merits and on 

properly entered defaults. Alken-Ziegler, Inc v Waterbury Headers Corp, 461 Mich 219, 600 

NW2d.638 (1999). The Order of Default entered against Petitioner was not proper in that it 

conflicted with other directions received from this Honorable Court. Counsel for Petitioner 

' In preparing this Motion to Set Aside Default Counsel for Petitioner discovered that service was by first-class 

mail. 

2The Clerk of the City of Jackson was served again by certified mail on December 16, 2025.

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was entitled to rely on and reasonably relied on this Honorable Court’s Notice of Docket 

Number in his calendaring in this matter such that he may timely attend to all matters 

entrusted to him, and it would be error by this Honorable Court to not set aside the default 

on that basis. 

CONCLUSION 

As of the date of this Motion to Set Aside Default, Petitioner has provided proper 

service to all interested persons and provided good cause to set aside this Honorable Court's 

Order of Default. 

WHEREFORE, Petitioner is without relief except in this Honorable Court. Petitioner 

requests the Court SET ASIDE its Order of Default and allow Petitioner to seek relief on the 

merits of its case.

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