26-000045.pdf
Mr Non Profit Housing Corporation, Petitioner Vs. City Of Detroit, Respondent · 26-000045-TT
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STATE OF MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MICHIGAN TAX TRIBUNAL 02/05/26 M-R Non Profit Housing Corporation, Petitioner, MOAHR Docket No. 26-000045 v. RECEIVED CITY OF DETROIT, Respondent. FEB.06 2026 MICHIGAN TAX FREBUNAL PETITIONER’S MOTION FOR RECONSIDERATION I. INTRODUCTION AND STANDARD Petitioner, MR Non Profit Housing Corporation, moves for reconsideration of the Tribunal’s January 14, 2026, Order of Dismissal, which dismissed this appeal for lack of jurisdiction based on an alleged failure to comply with MCL 205.735a(6). Reconsideration is warranted because the Tribunal misapprehended both the nature of the appeal and the operative notice date, resulting in a clear error of law. Specifically, the Tribunal assumed that Petitioner received timely notice of the 2025 assessment or taxable value sufficient to trigger the May 31 statutory deadline. That assumption is incorrect. This Motion does not seek equitable relief. It identifies a jurisdictional and constitutional defect in the dismissal order. II. MATERIAL FACTS MISAPPREHENDED BY THE TRIBUNAL 1. Petitioner did not receive notice of the 2025 assessment or taxable value until
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3 That notice reflected substantive Board of Review action, including: a. Grant of a property exemption, b. Correction based on clerical error or mutual mistake of fact, and c. A tax status change (BOR Reason Codes 14, 15, and 21). 4. Petitioner filed their Tribunal petition on January 8, 2026, within the appeal period stated in the notice and within 30 days of receipt of the first notice of the 2025 assessment or taxable value.(See Exhibit 2) 5. That this Honorable Court dismissed the Petition on January 14, 2026, for the following reasons: The Tribunal has reviewed the file in the above-captioned case and finds that: The petition was not filed by May 31 or the next business day after the Tribunal offices were closed. See MCL 205.735a(6). As such, and inasmuch as the Tribunal has no equitable power to waive or otherwise disregard statutory filing requirements and deadlines, it has no authority to hear the appeal or grant the relief requested. See Sixarp, LLC v Byron Twp, _Mich_; _NW3d_(2025).(See Exhibit 3) 6. That this Honorable Court did not have the opportunity to consider that the Petitioner did not receive notice of the 2025 assessment or taxable value until December 9, 2025. 7A That this Honorable Court not having the full benefit to consider that the Petitioner did not receive notice of the 2025 assessment or taxable value until December 9, 2025, was a palpable defect. 8. That if this Honorable Court had the full benefit to consider that the Petitioner did not receive notice of the 2025 assessment or taxable value until December 9, 2025, it would have resulted in a different disposition of the case.
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This Motion identifies a clear error of law arising from the Tribunal’s misapprehension of the notice date and the nature of the appeal. Because jurisdictional deadlines cannot run before notice is provided, reconsideration is required to prevent a due-process violation and an unlawful dismissal. IV. RELIEF REQUESTED For the foregoing reasons, Petitioner respectfully requests that the Tribunal: a. Vacate the January 14, 2026, Order of Dismissal; b. Find that the appeal was timely based on the December 9, 2025, notice; ¢. Determine that MCL 205.735a(6) does not bar jurisdiction under these facts; and d. Reinstate this matter for adjudication on the merits. Respectfully Submitted, DARWYN P. FAIR LAW PLLC /s/ Darwyn P. Fair DARWYN P. FAIR (P3 1266) Attorney for Petitioner 535 Griswold, Ste. 111-554 Detroit, Michigan 48226 Dated: February 2, 2026 (313) 967-0595
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STATE OF MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MICHIGAN TAX TRIBUNAL M-R Non Profit Housing Corporation, Petitioner, MOAHR Docket No. 26-000045 Vv. CITY OF DETROIT, Respondent. BRIEF IN SUPPORT OF PETITIONER’S MOTION FOR RECONSIDERATION Unless another rule provides a different procedure, motions for rehearing or reconsideration must be filed and served not later than 21 days after entry of an order deciding the motion, and no response or oral argument will occur unless the court directs otherwise. MCR 7.215 and MCR 2.119(F)(3) MCR 2.119(F)(3) requires a party bringing a motion for rehearing or reconsideration to show “palpable error.” However, the “palpable error” language in MCR 2.119(F)(3) is not mandatory and only provides guidance to a court for when it may be appropriate to consider a motion for rehearing or reconsideration. See, e.g., Prentis Family Found, Inc v Barbara Ann Karmanos Cancer Inst, 266 Mich App 39, 698 NW2d 900 (2005). It is always within the trial court’s discretion to grant “a second chance” to a motion that it has previously denied. Kokx v Bylenga, 241 Mich App 655, 659, 617 NW2d 368 (2000). In the case at bar this Honorab
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+ this Honorable Court had the full benefit to consider that the Petitioner did not receive notice of the 2025 assessment or taxable value until December 9, 2025, it would have resulted in a different disposition of the case. It would be fundamentally unfair for this case to be dismissed when the Petitioner did not receive notice of the 2025 assessment or taxable value until December 9, 2025. L THE TRIBUNAL MISAPPLIED MCL 205.735a(6) A. MCL 205.735a(6) cannot apply absent timely notice MCL 205.735a(6) presupposes that the taxpayer received timely notice of assessment or taxable value early enough in the tax year to permit: eA March Board of Review protest, and eA May 31 appeal to the Tribunal. Where no such notice is given, the statutory deadline cannot constitutionally run. A filing deadline that expires before notice is provided violates procedural due process and cannot divest the Tribunal of jurisdiction. The Order of Dismissal makes no finding as to when notice was provided. Instead, it assumes notice sufficient to trigger the May 31 deadline and dismisses on that basis alone. That assumption is factually and legally erroneous. B. This appeal is not a “standard valuation appeal” The Tribunal further erred by classifying this case as a routine valuation appeal governed by MCL 205.735a(6). The July Board of Review did not merely reaffirm a March assessment; it affirmatively altered the property’s tax status, including denying an exemption and correcting errors.
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are materially distinct from ordinary valuation disputes and are not properly dismissed under a statute designed for March valuation protests. II. THE DECEMBER 9, 2025, NOTICE TRIGGERED THE APPEAL PERIOD The December 9, 2025, Board of Review notice expressly advised Petitioner that it could appeal to the Tribunal within 35 days. Because this was the first notice of the 2025 assessment or taxable value: a. It was the only legally operative notice; b. It triggered the appeal period as a matter of due process; and c. Petitioner’s January 8, 2026, filing was timely. The Tribunal’s dismissal effectively renders the notice meaningless and extinguishes appeal rights before they could be exercised. III. CONCLUSION This Motion identifies a clear error of law arising from the Tribunal’s misapprehension of the notice date and the nature of the appeal. Because jurisdictional deadlines cannot run before notice is provided, reconsideration is required to prevent a due-process violation and an unlawful dismissal. VI. RELIEF REQUESTED For the foregoing reasons, Petitioner respectfully requests that the Tribunal: a. Vacate the January 14, 2026, Order of Dismissal; b. Find that the appeal was timely based on the December 9, 2025, notice; ¢. Determine that MCL 205.735a(6) does not bar jurisdiction under these facts; and
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[s/ Darwyn P. Fair DARWYN P. FAIR (P31266) Attorney for Petitioner 535 Griswold, Ste. 111-554 Detroit, Michigan 48226 Dated: February 2, 2026 (313) 967-0595
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STATE OF MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MICHIGAN TAX TRIBUNAL M-R Non Profit Housing Corporation, Petitioner, MOAHR Docket No. 26-000045 v. CITY OF DETROIT, Respondent, CERTIFICATE OF SERVICE I certify that on February 3, 2026, I served the Petitioner’s Notice Filing Petition and Notice of Filing Motion for Reconsideration upon Respondent City of Detroit by first-class U.S. Mail, addressed to the Corporation Counsel, City of Detroit Law Department, at 2 Woodward Ave., Suite 500, Detroit, MI 48226. /s/ Darwyn P. Fair Darwyn P. Fair (P31266) Attorney for Petitioner 535 Griswold, Ste. 111-554 Detroit, MI 48226 Date: February 2, 2026 (313) 967-0595
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EXHIBIT 1
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CITY OF DETROIT 2025 DECEMBER BOR AFFIDAVIT OF CORRECTION FOR 2025 ASSESSMENTS Parcel Number: 03003239. District: 05 Owner Name / Address: Petition #: D-06161 M-R NON PROFIT HOUSING CORPORATION 600 E WARREN AVE DETROIT MI 48201 Y Property Class: ~~ 201 Capture Districts: Property Address: ~~ 4545 CHRYSLER School District: ~ DETROIT PUBLIC SCHOOLS Tax Billing / Special Acts Info: Ad Valorem Current Assessed Value: 0 Corrected Assessed Value: 892,000 Current Taxable Value: 0 Corrected Taxable Value: 380,532 00% Corrected Principal Residence Exemption: 00% Current Principal Residence Exemption: BOARD OF REVIEW REASON CODE NUMBER [See below for description/explanation of code number]: 16,14 Description of Code Numbers: OF MARKET VALUE 2 TANSIATUS CHANG) wr APPEAL DENID 2 10OREN ZONE 03 DID NOT APPEAR AT MBOR TORLN Z0NF oF SC PARTIAL POVERIVERTY GRANTED T0 REN ZONI IA DEVIATED PARTIAL POVERTY GRANTED TO REN ZONE 75% BS SPECIAL PARTIAL POVERTY GRANTED FOREN ZONE IFT nie ARIAL POVERTY GRANT TOREN ZONAL wn LVEPARTIAL POVERTY GRANTED TOREN ZONE IF ot PECEAL HANDLING PARTIAL POVERTY GRANTED 10 RIN ZONE IF] 757, Zl ARTIAL POVERTY GRANTED NEZ LAND VALLE 0G ARTEAL POVERTY GRAN TTD MOONIZBUILDNGA SLE [3 kK NCAP [IY 0A I OSB SPECIAL HANDING FULL POVERTY GRANTED 27 NFZREMOVED Gh POVERTY DENIED 5 RETIRED IN TRROR 0A SPECIAL HANDLING POVERTY DENILD 0 PERSONAL PROPERTY NOT REPORTED 07 PRINCIPAL DENCE EXEMPTION REINSTATED BY TREASURY AMENDED PERSONAL PROPERTY RETURNED ON PRINCIPAL RESIDENCE ENTMPHON APPROVED TRANSHER PERSONAL PROPERTY LOCATION tir PRINCIPAL RESIDENCE LXEVIPTION DENIED BY TREASURY NEW BUSINT SS 1 PRINCIPAL RESIDENCE TNENIPTIDN RESCINDED OU TOFBUSNESS 11 PRINCIPAL RESIDENCE LXENIPTION DENIED BY CTV QUALIFIED PERSONAL PROPERTY NOT REPORTED FIA PRINCIPAL RESIDENCE ENENIPTION DENIED BY COUNTY SENTENENTNOT HELD - PSTINNTED 12 PRINCIPAL RESIDENCE EXEMPTION WHHDRAWN Hh NTEMEN FILED LATE - AFTER ASSESSMENT NOTICES MAILED 13 DENIOOF STRUCTURL FTONENTRMEN HEED IIMECY w MBOR Ho ERROR-CHERICAL? MUTUAL MISTAKE BO LNTERNAL OBSOLESCENCE HA ERROR-CALCULATION - CORRLE TION 9 TUNCTIONAL OBSOLESCENCE: 15 NON PROMI MPTON GRANTED An OBSOLESCENCE 16 NON PRON NPHON DENIED AL MITSIC 17 PREVIOUSLY ONITLED PROPLRIV HO ADIUSTED DUE TO AUDIT RESLLES 45 TO 0PRA ASA TROMOPRA in TopLot 6A FROM PILOT 47 10DDA 410 FROMBDDA A T0CTE CRY ASA FROMCFT CRY 49 MBOR PROPERTY CLASS GRANTED A9N MBOR PROPERTY CLASS DENIED 0 BOARD OF REVIEW - OPINION (DFNIALY SA BOARD OF REVIEW - NO CONSIDERATION. hl 101F1 SIN FROME) S10 TOREN ZONE 1001 & DIE s FROM RIN ZONE TOOL & DIE TO POSTS IFT TOOL & DIL RZ FRONCPOST SEINE TOOL & DIE RY S40 TORIN ZONE ENTENSION SA FROM REN ZONE LNTENTION SS TONINOR CHIZEN Pio SIA FROM SENIOR CHIZEN PILOT Ste VEIPRANSEXEMPHON GRANTED ST VETERANS EXEMPTION DENIED SK PMPP STATE DENIAL SURI OF TANATION oe COURTORDLR
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EXHIBIT 2
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STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS ORLENE HAWKS GOVERNOR LANSING DIRECTOR Entire Tribunal Case Information Sheet - Petitioner MOAHR DOCKET NO. 26-000045 Section 1: Petitioner’s Contact Information Filer type: Organization First Name/Company Name ML Last Name MR Non Profit Housing Corporation Home Address (No., Street, P.O. Box or Rural Route) 600 E. Warren City or Town State ZIP Code Detroit Michigan 48201 Telephone Number Fax Number 3139994492 E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) NH00996937@aol.com Section 2: Attorney/Authorized Representative’s Contact Information First Name. MI Last Name Darwyn P Fair Firm Name (if any) Address (No, Street, P.O. Box or Rural Route) 535 Griswold Ste 111-554 City or Town State ZIP Code Detroit Michigan 48226 Telephone Number Fax Number 313-967-0595 E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) dpfair@dpfairlaw.com Section 5: Issue Please designate one: Valuation — Fill out Sections 4, 5, & 6 below Section 6: Subject Property Information How many parcels arc you | Property Address (No., Street, City, ST, ZIP) [If multiple, list first property’s address]
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STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS GOVERNOR LANSING ORLENE HAWKS DIRECTOR Section 7: Check which of the following you are appealing (check all that apply) True Cash and Taxable Values, Taxable Value Only (calculation), Tax Bill, Other (please explain) Section 8: Valuation Information for Each Parcel under Appeal Parcel Number: 0300329 Classification of Property: Real Commercial Current Assessed Value (also known as State Equalized Value) as established by the Board of Review: 892000 Current Taxable Value as established by the Board of Review: 380532 What do you believe is the fair market value (also known as True Cash Value)? [J Multiply the True Cash Value by 50% and enter here. This is your contention of Assessed Value (also known as State Equalized Value). 0 If you belive the Taxable Value differs from your contention of Assessed Value, enter your contention of Taxable Value. 0 Section 9: Assessment Information Type of Tax Assessment(s): “Assessment Number(s): Check all that is being appealed: Check what action prompted this appeal: Tf “other,” please explain: Section 10: Special Assessment Information Type of Special Assessment: Did you protest the special assessment at the hearing held to confirm the special assessment roll? If Yes, what was the date of the hearing held to confi the special assessment roll? Tf No, please explain:
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STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS ORLENE HAWKS GOVERNOR LANSING DIRECTOR IFimproved property, how is the property currently being used? If improved property, for what use was the property designed? Fee Information The filing fee is based on the greater of State Equalized Value or Taxable Value in contention, Ifyou are appealing more than one parcel, the parcel with the highest State Equalized Value or Taxable Value in contention will be used to determine your filing fee, plus $25.00 will be added for each additional parcel being appealed. If the State Equalized Value or Taxable Value in contention is: Your filing fee is: $100,000.00 and under $250.00 $100,000.01 to $500,000.00 $400.00 $Over $500,000.00 $600.00 * Plus $25.00 for each additional parcel, not to exceed a total filing fee of $2,000.00. A fee of $250.00 is required for the filing of a Special Assessment Appeal. A fee of $250.00 is required for the filing of an Equalization Tax Appeal. A fee of $250.00 is required for the filing of a Non-Property Tax Appeal. A fee of $150.00 is required for the filing of a Classification Tax Appeal Electronic Signature Typing your name below will serve as your signature Petitioner or Attomey/Authorized Representatives Signature: Is/ Darwyn P Fair
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STATE OF MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MICHIGAN TAX TRIBUNAL M-R Non Profit Housing Corporation, Petitioner, MOAHR Docket No. v. CITY OF DETROIT, Respondent. ENTIRE TRIBUNAL PROPERTY TAX PETITION 1. Property Parcel No: 03003239 2. The property identified above is real property. The property is Commercial property. 3. If more than one parcel of real property is under appeal, are the properties contiguous? NA 4. Are all of the parcels of personal property located on a parcel of real property under appeal? YES 5. If parcels of personal property are under appeal, when were the personal property statements filed by parcel number (attach additional page if necessary): NA 6. The property identified above is classified as 201- COMMERCIAL 7. Tf the assessment or assessments at issue were protested, the protest was made to Respondent’s March July December Board of Review.
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NA 9. If the appeal was not submitted by the deadline for the filing of an appeal for the classification or classifications of the properties at issue (i.e., May 31 or July 31 of the tax year involved), list the separate and specific facts upon which Petitioner relies to invoke the Tribunal’s authority over the assessment or assessments at issue (attach additional page if necessary): We have timely appealed. 10. The property or properties at issue are located in WAYNE County. The property or properties’ address is: 4545 CHRYSLER DETROIT, MI 48201 11. The assessment or assessments at issue were established by the (applicable local governmental unit): CITY OF DETROIT 12. Petitioner’s legal residence or principal office address is: 375 LODGE DETROIT, MI 48214 13. This appeal involves issues relating to the (check all that are applicable): X the property or properties’ true cash and taxable values X__the property or properties’ taxable value only If the property or properties’ taxable value is at issue, is there a dispute as to the value of an addition or loss? X Yes _ No uniformity of the property or properties’ assessment _ X the property or the properties’ exemption from ad valorem taxation under MCLA 125.1415a. 14. The tax year(s) at issue are: 2025 15. If more than the current tax year is being appealed, list the separate and specific facts upon which Petitioner relies to invoke the Tribunal’s authority over the prior tax year or years (attach additional page if necessary):
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2025 NA 892000 380532 17. Petitioner contends that the values for the property identified above are: Tax Year True Cash Value Assessed Value Taxable Value 2025 0 0 0 18. The values in dispute for the property identified above are: Tax Year True Cash Value Assessed Value Taxable Value 2025 NA 892000 380532 19. Petitioner requests the following relief (attach additional page if necessary): Tax Year True Cash Value Assessed Value Taxable Value 2025 0 0 0 20. List the separate and specific facts upon which Petitioner relies to support the relief requested (attach additional page if necessary): “The City of Detroit Office of the Assessor has failed to establish that the Tax Payor is not eligible for commercial exemption under MCLA 125.1415a Signature of Petitioner’s Authorized Representative or, if none, Petitioner: [SI DARWYN P. FAIR Email Address: dpfair@dpfairlaw.com Mailing Address: 535 GRISWOLD
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EXHIBIT 3
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STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR MR Non Profit Housing Corporation, Petitioner, MICHIGAN TAX TRIBUNAL ENTIRE TRIBUNAL v MTT Docket No. 26-000045 City of Detroit, Respondent. ORDER OF DISMISSAL The Tribunal has reviewed the file in the above-captioned case and finds that: The petition was not filed by May 31 or the next business day after the Tribunal offices were closed. See MCL 205.735a(6). As such, and inasmuch as the Tribunal has no equitable power to waive or otherwise disregard statutory filing requirements and deadlines, it has no authority to hear the appeal or grant the relief requested. See Sixarp, LLC v Byron Twp, __Mich__; _ NW3d__ (2025). Therefore, IT IS ORDERED that the case is DISMISSED. This order resolves all pending issues and closes the case. 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
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MTT Docket No. 26-000045 Page 2 of 2 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. 7) g (Fat ena A. H Al Patricia L. Halm, Tribunal Chair By: Entered: January 14, 2026 PROOF OF SERVICE | 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
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DARWYN P. FAIR LAW, PLLC Attorney at Law 535 Griswold, Suite 111-554 Detroit, Michigan 48226 (313) 967-0595 (313) 731-0585 Fax (313) 407-6631 Direct Line dpfair@dpfairlaw.com January 3, 2026 Via Federal Express Michigan Tax Tribunal 611 W. Ottawa Street Lansing, MI 48933 Re: Docket No 26-000048 Plymouth United Church Docket No. 26-000046 Eschaton LLC Docket No. 26-000045 MR Non Profit Housing Corporation Enclosed are Motion for Reconsideration for the above-mentioned matters. Please file in your normal manner. I have also enclosed a check in the amount of $50 for each Motion for Reconsideration. If you have any questions regarding the enclosed please contact me at the above contact information. Very truly yours, DARWYN P. FAIR LAW, PLLC /s/ Darwyn P. Fair Darwyn P. Fair Cc: City of Detroit, Corporation Counsel
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| Darwyn P, Fajr | 535 Griswold | Ste 111-554 L Detroit, Mi 48226 ,. mir —— / Ve | Michigan Tax Tribunal | 611 W. Ottawa Street | Lansing, MI 48933 |
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