26-000239 Dismiss (untimely-poverty).pdf
Shemeka A Bryant, Petitioner V City Of Detroit, Respondent · 26-000239-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 Shemeka A Bryant, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 26-000239 City of Detroit, Presiding Judge Respondent. Patricia L. Halm ORDER SETTING ASIDE PETITIONER’S DEFAULT ORDER OF DISMISSAL The Tribunal has considered the file in this case and finds that Petitioner was held in default on March 9, 2026, for failing to file a copy of the notice giving rise to the appeal, i.e., poverty exemption denial notice. Although the defaulted party failed to cure the default, a copy of the notice has been provided. As such, the Tribunal shall set the default aside. Furthermore, the Tribunal has considered the file in this case and finds that it has no authority over Petitioner’s appeal because it was not filed within 30 days of the issuance of the December Board of Review Decision, as required by MCL 211.53c. Petitioner is appealing the denial of a poverty exemption under MCL 211.7u, which was issued by the December Board of Review on December 9, 2025. Petitioner did not file this appeal until January 9, 2026, and inasmuch as the Tribunal has no equitable power to waive or otherwise disregard a statutory filing deadline, it has no authority to grant Petitioner the relief requested.1 Petitioner’s appeal is barred by the statute of limitations. Therefore, IT IS ORDERED that Petitioner’s default is SET ASIDE. IT IS FURTHER ORDERED that the case is DISMISSED. This order resolves all pending claims in this matter and closes this case. 1 See Sixarp, LLC v Byron Twp, __Mich__ (2025). See also Federal-Mogul Corp v Dep’t of Treasury, 161 Mich App 346 (1987), Elec Data Sys Corp v Flint Twp, 253 Mich App 538 (2002), and VanderWerp v Plainfield Twp, 278 Mich App 624 (2008), noting that the Tribunal’s powers are limited to those authorized by statute and do not include powers of equity.
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MTT Docket No. 26-000239 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: April 2, 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