25-002737 Cawthray v Fenton Twp - Reconsideration.pdf
Richard C Cawthray, Petitioner V Township Of Fenton, Respondent · 25-002737-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 Richard C Cawthray, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 25-002737 Fenton Township, Presiding Judge Respondent. Joshua M. Wease ORDER DENYING PETITIONER’S MOTION FOR RECONSIDERATION On August 21, 2025, Petitioner filed a motion requesting that the Tribunal reconsider the Order of Dismissal entered in this case on August 13, 2025. In the motion, Petitioner states that the original filing was rejected because it was received after the 30-day window allowed. Petitioner acknowledged his mistake but is “humbly requesting an appeal be granted so the underlying issue of [a]pplication of [s]pecial [a]ssessments in Fenton Township can be resolved and made compliant with [c]urrent Michigan [s]tatute.” The Tribunal has considered the motion and the case file and finds that it has no authority over Petitioner’s appeal. The Order of Dismissal, issued August 13, 2025, provided that the above-referenced appeal was being dismissed because “[t]he petition [w]as not filed within 30 days after the confirmation of the special assessment roll. See MCL 211.746.” The pleadings and accompanying documentation indicate that Petitioner is appealing Respondent’s road maintenance special assessment. However, Petitioner’s appeal is untimely pursuant to MCL 41.726, which states that “after the confirmation of the special assessment roll, all assessments on that assessment roll shall be final and conclusive unless an action contesting an assessment is filed in a court of competent jurisdiction within 30 days after the date of confirmation.”1 As such, and inasmuch as the Tribunal has no equitable power to waive or otherwise disregard a statutory requirement or filing deadline, it has no authority to grant Petitioner the relief requested.2 Given the above, Petitioner has failed to demonstrate a palpable error relative to the Order of Dismissal that misled the Tribunal and the parties and that would have resulted in a different disposition if the error was corrected.3 Therefore, 1 Id. 2 The Tribunal’s powers are limited to those authorized by statute and do not include powers of equity. See 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). 3 See MCR 2.119(F)(3). A palpable error is one that is “easily perceptible, plain, obvious, readily visible, noticeable, patent, distinct, or manifest.” Luckow v Luckow, 291 Mich App 417, 426 (2011) (quotation marks and citation omitted).
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MTT Docket No. 25-002737 Page 2 of 2 IT IS ORDERED that Petitioner’s Motion for Reconsideration is DENIED. This order resolves all pending claims in this matter and closes this case. APPEAL RIGHTS If you disagree with the final decision in this case, 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: September 16, 2025 By _____________________________ smm 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