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24-003829 dismiss_amend.pdf

Township Of Marion, Petitioner V City Of Howell, Respondent · 24-003829-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 

Marion Township, 

MICHIGAN TAX TRIBUNAL 

 

Petitioner, 

SMALL CLAIMS DIVISION 

 

v 

 

MTT Docket No. 24-003829 

 

City of Howell, 

 

Presiding Judge 

Respondent. 

 

Patricia L. Halm 

 

ORDER DENYING RESPONDENT’S MOTION TO DISMISS 

 

ORDER GRANTING PETITIONER’S MOTION TO AMEND 

 

ORDER CORRECTING DOCKET 

 

On January 28, 2025, Respondent filed a motion requesting that the Tribunal dismiss 

the above-captioned case. In the motion, Respondent states that the case should be 

dismissed because Petitioner is not a party-in-interest relative to the property at issue; 

the property is owned by Marion Township, and Petitioner has no legal interest or 

standing to file an appeal. 

 

On February 7, 2025, Petitioner filed a response to Respondent’s Motion to Dismiss, 

and a motion requesting that the Tribunal permit it to amend the filed Petition. Petitioner 

states in these filings that it included contact information for Robert Hanvey in the 

Petition because he was the supervisor for Marion Township at the time the Petition 

was filed. Marion Township owns the property at issue, and the docket should be 

corrected to reflect it as Petitioner in this matter. Additionally, the Township recently 

elected a new supervisor, and Petitioner’s contact information should be updated to 

reflect Bill Fenton, as Township Supervisor, in place of Robert Hanvey. 

 

Respondent has not filed a response to Petitioner’s Motion to Amend. 

 

The Tribunal has considered the motions and the case file and finds that Petitioner 

erred in listing Robert W. Hanvey as Petitioner in Section 1 of the Petition form. This 

section specifically seeks contact information for the Petitioner, i.e., “the person, 

business, or entity filing the appeal.” Mr. Hanvey would be considered a representative 

for Marion Township, and he should have been listed in Section 2 of the Petition form, if 

so desired, in addition to the already named representative.1 Nevertheless, the noted 

 

1 The Petition lists John Gormley of Gormley Law Offices, PLC, as Petitioner’s authorized representative. 

Mr. Hanvey’s inclusion is optional, because as stated in the form instructions: “If Petitioner elects to have 

an attorney or authorized representative, only the attorney or authorized representative will receive 

notices and documents from the Tribunal.” Id.

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MTT Docket No. 24-003829 

Page 2 of 2 

 

error is properly corrected under the misnomer doctrine.2 Further, while “a petition or 

answer may only be amended by leave of the tribunal,”3 “leave to amend must . . . be 

freely given when justice so requires.”4 The Michigan Supreme Court has also held that 

“a motion to amend should be granted unless one of the following particularized 

reasons exists: (1) undue delay, (2) bad faith or dilatory tactics, (3) repeated failure to 

cure deficiencies by amendment previously allowed, (4) undue prejudice to the 

opposing party, or (5) futility.”5 No such reasons exist in this case, and the Tribunal is 

satisfied that granting Petitioner’s motion will facilitate the efficient administration of 

justice. Therefore, 

 

IT IS ORDERED that Respondent’s Motion to Dismiss is DENIED. 

 

IT IS FURTHER ORDERED that Petitioner’s Motion to Amend Petition is GRANTED. 

 

IT IS FURTHER ORDERED that the Docket shall be CORRECTED to reflect Marion 

Township as Petitioner in this matter. 

 

IT IS FURTHER ORDERED that an appearance must be filed if Petitioner wishes to add 

the Township Supervisor as an authorized representative in this matter.6 

 

 

 

 

 

 

 

 

 

 

By _____________________________ 

Entered: March 17, 2025 

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 

 

 

2 See Parke, Davis & Co v Grand Trunk Ry Sys, 207 Mich 388; 174 NW 145 (1919), and Vanco 1 LLC v 

Grand Rapids, unpublished per curiam opinion of the court of appeal, issued November 18, 2014 (Docket 

No. 317305). 

3 TTR 221(1). 

4 Id. 

5 Ford Motor Co v City of Woodhaven, 475 Mich 425, 447 (2006) (citation omitted). 

6 See TTR 223(1), which states that “an attorney or authorized representative may appear on behalf of a 

party in a contested case by signing the petition or other document initiating the participation of that party 

in the contested case or by filing an appearance.” Id.

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