25-002384.pdf
Broadway Detroit Development II LLC, Petitioner Vs. City Of Detroit, Respondent · 25-002384-TT
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LAW DEPARTMENT Coleman A. Young Municipal Center Phone 313¢224.4550 4 2 Woodward Avenue, Suite 500 Fax 3132245505 DETROIT Detroit, Michigan 48226-3437 www.detroitmi.gov RECEIVED September 29, 2025 oct 082025 Department of Licensing and Regulatory Affairs ; BUNAL Michigan Tax Tribunal MICHIGAN TAX Le PO Box 30232 Lansing, MI 48909 Dear Sir/Madam, Enclosed please find the Respondent’s Response to Petitioner’s Motion for Reconsideration. Thank you for your attention in this regard. Should you have any questions or concerns, please do not hesitate to contact me. Sincerely, Isang Beth (obs Mary Beth Cobbs Assistant Corporation Counsel cobbm(@detroitmi.gov cc: Aaron Fales, Esq. Enclosures
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STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN TAX TRIBUNAL BROADWAY DETROIT DEVELOPMENT II, LLC, Petitioner, v CITY OF DETROIT, MTT Docket No. 25-002384- Respondent. RESPONDENT, CITY OF DETROIT’S RESPONSE TO PETITIONER’S MOTION FOR RECONSIDERATION Respondent, through the undersigned counsel, in response to Petitioner’s Motion for Reconsideration states as follows: 1. Respondent admits that this appeal stems from a March Board of Review determination, however as to the date that the determination from the Respondent’s Board of Review was received by the Petitioner is not clearly set forth in this Motion for Reconsideration. Respondent admits that the MTT summarily dismissed this docketed petition, but denies that the dismissal was erroneous.
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The appeal speaks for itself. Respondent admits that the Order dismissing this appeal was entered on August 20, 2025. I. The Tribunal’s 8/20/2025 Order is NOT an Error of Law and the Determination to Dismiss the Petition Should not be Reversed Respondent takes the position that the Tribunal properly applied MCL 205.735a(6) which required the filing of the petition no later than May 31,2025. Respondent respectfully states that the timing requirements of MCL 205.735a(6) are jurisdictional. Electronic Data Sys. Corp. v Twp. of Flint, 253. Mich App 538,543-544, 656 NW2d 215 (2002). Respondent states that no palpable error should be attributed to the ruling of the tribunal in finding that the filing of the petition was untimely. The Tribunal lacks equitable powers and cannot waive the statutory requirements of MCL 205.735a, Electronic Data Sys Corp. 253 Mich App at 547-548. II. No Palpable Error Exists and Therefore the Motion must be Denied. Respondent states that no palpable error should be attributed to the ruling of the Tribunal in finding that the petition was filed untimely. “ “Palpable error is defined as [e]asily perceptible, plain, obvious, readily visible, noticeable, patent, distinct, manifest.” ” Estate of Luckow v Luckow, 291 Mich App 417,426; 805 NW2d 453 (2011), quoting Stomp v
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111. Conclusion 11. WHEREFORE , Respondent City of Detroit respectfully requests that this Tribunal deny Petitioner’s Motion for Reconsideration and Deny Petitoner’s request to reinstate the Petition. Dated: September 29, 2025 Respectfully Submitted. City of Detroit Law Department Attorneys for Respondent By: Tory Yolo (les Mary Beth Cobbs ( P40080) 2 Woodward Ave., Ste. 500 Detroit, MI 48226 (313) 237-3075 cobbm@detroitmi.gov
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STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN TAX TRIBUNAL BROADWAY DETROIT DEVELOPMENT, LLC Petitioner, v CITY OF DETROIT, MTT Docket No. 25-002384 - Respondent. PROOF OF SERVICE On September 29, 2025, 1 mailed by first class mail a copy of Respondent’s Response to Petitioner’s Motion for Reconsideration. : Aaron Fales, Esq. Law Offices of Aaron Fales 330 Hamilton Row, Suite 350 Birmingham, MI 48009 I declare that the above statement is true to the best of my information, knowledge, and belief.
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MEERRQIBRERMUHRE80 LAW DEPARTMENT Coleman A. Yi = _ ) 2 Woodward LER Mm TAL Detroit, Michigan 48226-3437 DETROIT 30135 T9504 Saivis AND Mary Beth Cobbs 8068 & w Co 8 Y s Departmerit of Licensing and Regulatory Affairs 2 h 3 Michigan Tax Tribunal ca =~ n PO Box 30232 2 0 p Lansing, MI 48909 2 8 gta ost ooops slosh]