24-004152 extend.pdf
Bonnie Falzetta-Orsick, Petitioner V Township Of Mundy, Respondent · 24-004152-TT
Text extracted from the reviewed PDF, organized by page. OCR and reading order may contain errors; confirm details in the PDF below.
Page 1
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 Bonnie Falzetta-Orsick, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-004152 Mundy Township, Presiding Judge Respondent. Patricia L. Halm ORDER EXTENDING TIME FOR PETITIONER TO CURE DEFAULT The Tribunal has considered the file in this case and finds that Petitioner was held in default because they did not file a Petition or submit a copy of the notice giving rise to the appeal. Petitioner failed to respond to the Order of Default, and the Tribunal entered an order extending the time to cure on January 6, 2025. Though Petitioner filed a response on January 14, 2025, they have failed to cure the default. In order to appeal to the Tribunal, Petitioner is required to file a Small Claims Petition Form. Forms are available on the Tribunal’s website at https://www.michigan.gov/taxtrib/small- claims#scforms. It appears from the submitted appeal letter that Petitioner is disputing the property’s assessment, and they would therefore be required to file the “Petition for Valuation Appeal.” Petitioner is also required to file a copy of the notice giving rise to the appeal, which in a valuation appeal, is the March Board of Review Decision. As it should be outlined in the assessment notice referenced by Petitioner, a protest to the March Board of Review must be made in such disputes before the Tribunal can acquire jurisdiction over the appeal.1 Further, because Petitioner failed to respond to the original Order of Default, Petitioner must file a Motion to Set Aside Default and proof that the motion was served on Respondent. Motion forms are available on the Tribunal’s website at the same location referenced above. The Tribunal is unable to defer the time to cure the default as requested in Petitioner’s response, particularly in the absence of a properly filed motion requesting an extension. As noted in TTR 225: “All requests to the tribunal requiring an order in a contested case, including stipulated requests, must be made by written motion that is signed and filed with the tribunal and accompanied by the appropriate fee, unless otherwise ordered by the tribunal.”2 Petitions, motions, and other submissions may be filed using the Tribunal’s e-filing system, however, which is available on the website at https://efiling.apps.lara.state.mi.us/Account/Login.aspx?ReturnUrl=%2f&rg=1. 1 See MCL 205.735a. 2 Id.
Page 2
MTT Docket No. 24-004152 Page 2 of 2 Though the Tribunal finds one final extension of time to cure the default appropriate, Petitioner’s failure to comply with Tribunal orders and its Rules of Practice and Procedure has established a history of deliberate delay that would justify dismissal of the case for failure to timely comply with this Order.3 Therefore, IT IS ORDERED that the time for Petitioner to cure the default is EXTENDED. IT IS FURTHER ORDERED that Petitioner must complete the following to cure the default: (1) file a Small Claims Petition Form, (2) file a copy of the March Board of Review Decision, (3) file a Motion to Set Aside Default, and (4) file proof the Motion to Set Aside Default was served on Respondent. The foregoing must be filed with the Tribunal within 14 days of the entry of this Order.4 Failure to comply with this Order may result in dismissal of the case, as provided by TTR 231.5 Entered: January 31, 2025 By _____________________________ ejg/jc 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 3 See Grimm v Dep’t of Treasury, 291 Mich App 140 (2010). 4 “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 219(5). 5 See also MCL 205.732.