25-002950 Recon Grant and Reinstate Consolidate.pdf
Lake Forest Trail Holdings LLC, Petitioner Vs. Township Of Green Oak, Respondent · 25-002950-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 Lake Forest Trail Holdings LLC, MICHIGAN TAX TRIBUNAL Petitioner, v MTT Docket Nos. 25-001257 & 25-002950 Green Oak Township, Presiding Judge Respondent. Patricia L. Halm ORDER GRANTING PETITIONER’S MOTION FOR RECONSIDERATION ORDER REINSTATING CASE ORDER OF CONSOLIDATION ORDER REMOVING MTT DOCKET NO. 25-001257 FROM JUNE 16 – 30, 2026 PREHEARING GENERAL CALL On August 22, 2025, Petitioner filed a motion requesting that the Tribunal reconsider the Order of Dismissal entered in MTT Docket No. 25-002950 on August 20, 2025. In the motion, Petitioner states it filed a petition in MTT Docket No. 25-001257 on May 22, 2025, challenging the subject property’s true cash, assessed, and taxable values for tax year 2025. However, on June 30, 2025, Petitioner received a notice of uncapping from Respondent stating that the subject property’s taxable value uncapped for tax year 2024 due to an alleged transfer of ownership. As a result, Petitioner filed the subject appeal on July 30, 2025, to appeal the uncapping within 35 days of the notice.1 Thus, Petitioner asserts that the Tribunal made a palpable error by dismissing this appeal as a duplicative matter to MTT Docket No. 25-001257 since each docket pertains to a separate issue, despite regarding the same subject parcel. The Tribunal has considered the motion and the case file and finds that Petitioner has demonstrated 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.2 Specifically, while valuation appeals typically encompass both taxable value and uncapping claims, Petitioner did not have the opportunity to plead and address the notice of uncapping issued by Respondent in MTT Docket No. 25-001257 since the petition had already been filed at the time the notice of uncapping was received. As a result, the Tribunal erred by dismissing Petitioner’s claims regarding the uncapping of 1 See, MCL 211.27b(6). 2 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).
Page 2
MTT Docket Nos. 25-001257 & 25-002950 Page 2 of 3 the taxable value of the subject parcel as they were timely filed in MTT Docket No. 25- 002950. Thus, the appeals are not duplicative in nature, and MTT 25-002950 should not have been dismissed as such. Further, the Tribunal has reviewed the files in MTT Docket Nos. 25-001257 and 25- 002950 and finds that it may order a consolidation of cases upon a finding of substantial and controlling common questions of fact or law.3 The noted dockets present common questions of fact and law and the parties in each of the cases are the same. As such, the Tribunal finds that consolidation is appropriate and will facilitate the efficient administration of justice. Therefore, IT IS ORDERED that Petitioner’s Motion for Reconsideration is GRANTED. IT IS FURTHER ORDERED that the MTT Docket No. 25-002950 is REINSTATED. IT IS FURTHER ORDERED that MTT Docket Nos. 25-001257 and 25-002950 are CONSOLIDATED. IT IS FURTHER ORDERED that all future pleadings and documents filed in these dockets shall refer to the consolidated case as MTT Docket No. 25-001257. IT IS FURTHER ORDERED that Petitioner shall file proof the petition filed in MTT Docket No. 25-002950 was served on all parties-in-interest within 28 days of the date of this order. IT IS FURTHER ORDERED that after Petitioner has completed service of the uncapping petition, Respondent shall file an amended answer addressing the claims from both petitions within 28 days after service of the petition for MTT Docket No. 25- 002950. IT IS FURTHER ORDERED that MTT Docket No. 25-001257 is REMOVED from the June 16 – 30, 2026 Prehearing General Call. The consolidated matter shall be placed on a Prehearing General Call in the normal course of scheduling after proof of service of the petition and amended answer are filed. Entered: September 10, 2025 By _____________________________ cs/jc 3 See MCR 2.505(A).
Page 3
MTT Docket Nos. 25-001257 & 25-002950 Page 3 of 3 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