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24-004152 extend.pdf

Bonnie Falzetta-Orsick, Petitioner V Township Of Mundy, Respondent · 24-004152-TT

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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.

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