25-003006 Default.pdf
Timothy Dwayne Scarberry, Petitioner V Township Of Tyrone, Respondent · 25-003006-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 Timothy Dwayne Scarberry, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 25-003006 Tyrone Township, Presiding Judge Respondent. Patricia L. Halm ORDER HOLDING PETITIONER IN DEFAULT The Tribunal has reviewed the file in this case and finds that Petitioner filed their petition indicating that Parcel No. 4704-16-100-005 is the only parcel under appeal. However, Petitioner included March Board of Review (BOR) decisions for Parcel Nos. 4704-16- 100-005 and 4704-16-100-013. As such, Petitioner shall be held in default pending a written explanation as to whether it is Petitioner’s intent to appeal the March BOR decision for both parcels and if so, whether these parcels are contiguous. Therefore, IT IS ORDERED that Petitioner is held in DEFAULT. IT IS FURTHER ORDERED that Petitioner must complete the following to cure the default: (1) submit a written explanation as to whether they intended to appeal the March BOR decision for both Parcel No. 4704-16-100-005 and Parcel No. 4704-16-100- 013 and if so, whether the parcels are contiguous. If Petitioner wishes to appeal the decision regarding Parcel No. 4704-16-100-005 only, no further action beyond the written explanation is required. IT IS FURTHER ORDERED that if Petitioner wishes to appeal the March BOR decisions for Parcel No. 4704-16-100-005 and Parcel No. 4704-16-100-013, and the parcels are contiguous, Petitioner must: (1) file an amended petition with a multiparcel form, and (2) note the docket number assigned by the Tribunal on the amended petition. If filed utilizing the Tribunal’s e-filing system, the documents be filed on the assigned docket number as an “Amended Petition.” IT IS FURTHER ORDERED that if Petitioner wishes to appeal the March BOR decisions for Parcel No. 4704-16-100-005 and Parcel No. 4704-16-100-013, and the parcels are NOT contiguous, Parcel No. 4704-16-100-013 shall be severed and assigned a separate docket number. In this event, Petitioner shall: (1) file a motion to sever Parcel No. 4704-16-100-013 in this case, (2) attach a separate petition for Parcel No. 4704-16-100-013 with the motion, and (3) pay the required filing fee for filing of the petition and motion, if applicable.
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MTT Docket No.25-003006 Page 2 of 2 The foregoing must be filed with the Tribunal within 14 days of entry of this Order.1 Failure to comply with this order will result in Petitioner being required to file a motion to set aside the default (with appropriate filing fee). Entered: December 5, 2025 By _____________________________ cs 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 1 “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).