24-004042 vac_SAD.pdf
Asset Link LLC, Petitioner V Township Of Kimball, Respondent · 24-004042-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 Asset Link LLC, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-004042 Kimball Township, Presiding Judge Respondent. Patricia L. Halm ORDER VACATING MARCH 25, 2025 ORDER HOLDING PETITIONER IN DEFAULT ORDER VACATING JANUARY 22, 2025 NOTICE OF DOCKET NUMBER ORDER SETTING ASIDE PETITIONER’S JANUARY 14, 2025 DEFAULT The Tribunal has reviewed the file in this case and finds that it entered an order holding Petitioner in default on March 25, 2025, for failing to file proof evidencing service of the Entire Tribunal petition, as required by TTR 227. The Tribunal erred in the entry of this order, as well as the entry of the Entire Tribunal Notice of Docket Number that was issued on January 22, 2025. Although Petitioner filed an Entire Tribunal petition on January 21, 2025, this case, which was severed from Docket No. 23-002484 on October 31, 2024, is currently pending in the Small Claims Division. If Petitioner wishes to have the severed case heard in the Entire Tribunal, they must file a motion to transfer with the required $25.00 motion fee, and pay the fee required for the filing of the Entire Tribunal petition.1 Moreover, one day after filing the Entire Tribunal petition, Petitioner e-filed a Small Claims petition, which was assigned to Docket No. 25-000065. That case has since been dismissed as a duplicate appeal, and the e-filed Small Claims petition has been placed on this docket. Given that the filed Entire Tribunal petition is not properly pending before the Tribunal, and a Small Claims petition has been filed, albeit in the wrong docket, the Tribunal finds that Petitioner has complied with the Tribunal’s October 31, 2024, and January 14, 2025 orders, as required by TTR 237. As such, the Tribunal finds good cause to vacate the March 25, 2025 Order of Default and the January 22, 2025 Entire Tribunal Notice of Docket Number and set Petitioner’s January 14, 2025 default aside. Therefore, IT IS ORDERED that the March 25, 2025 Order Holding Petitioner in Default is VACATED. 1 See TTR 223. The Entire Tribunal petition is also defective as filed because Petitioner failed to properly complete paragraphs 16 and 18 of the petition form. Consequently, an amended Entire Tribunal petition would also be required.
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MTT Docket No. 24-004042 Page 2 of 2 IT IS FURTHER ORDERED that the January 22, 2025 Notice of Docket Number is VACATED. IT IS FURTHER ORDERED that Petitioner’s January 14, 2025 Default is SET ASIDE. IT IS FURTHER ORDERED that a Small Claims Notice of Docket will be issued. Entered: May 16, 2025 By _____________________________ ejg/sb 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