Full record / 26-002683 Partial Dismiss Transfer Extend.pdf

26-002683 Partial Dismiss Transfer Extend.pdf

Little James LLC Petitioner V City Of Ferndale Respondent · 26-002683-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 

Little James LLC, 

MICHIGAN TAX TRIBUNAL 

 

Petitioner, 

 

 

v 

 

MTT Docket No. 26-002683 

 

City of Ferndale, 

 

Presiding Judge 

Respondent. 

 

Patricia L. Halm 

 

ORDER OF PARTIAL DISMISSAL 

 

ORDER TRANSFERRING CASE FROM THE SMALL CLAIMS DIVISION 

TO THE ENTIRE TRIBUNAL 

 

ORDER EXTENDING TIME FOR PETITIONER TO CURE DEFAULT 

 

On July 29, 2026, Petitioner filed an amended petition in response to the Tribunal’s July 

15, 2026 Order of Default. 

 

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

was held in default because the petition was not filed on an approved petition form.1 

Although Petitioner timely responded to the Order of Default, their attempt to cure is 

incomplete as further explained below. 

 

The Tribunal has no authority over the 2025 tax year, as the petition was not filed by 

May 31 of that year.2 The Tribunal also has no authority under MCL 211.53a, as the 

facts alleged do not establish that the assessment was the result of a clerical error (i.e., 

“an error of a transpositional, typographical, or mathematical nature”) or a mutual 

mistake of fact (i.e., “an erroneous belief, which is shared and relied on by both 

parties”).3 And though MCL 211.53b provides the July and December boards of review 

with the authority to correct qualified errors, Petitioner did not appear before 

Respondent’s July or December Board of Review or appeal an action taken by any such 

board. The Tribunal has no equitable power to waive or otherwise disregard a statutory 

filing deadline.4 

 

 

1 The order further stated, “Failure to comply with this order will result in the defaulted party being 

required to file a motion to set aside the default (with appropriate filing fee).” 

2 See Electronic Data Systems Corporation v Township of Flint, 253 Mich App 538 (2002). 

3 See International Place Apartments – IV v Ypsilanti Township, 216 Mich App 104, 109 (1996), Ford 

Motor Company v City of Woodhaven, 475 Mich 425, 442 (2006). 

4 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).

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MTT Docket No. 26-002683 

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The Tribunal further finds that the property at issue in this appeal does not meet the 

definition of “residential property” and the amount in dispute exceeds the jurisdictional 

limits of the Tribunal’s Small Claims Division, as provided by MCL 205.762.5 The 

Tribunal is required by statute to transfer this case to the Entire Tribunal division. As 

such, the Tribunal is required to extend Petitioner’s default and require the filing of an 

Entire Tribunal petition, proof of service, and additional filing fee. Therefore, 

 

IT IS ORDERED that this case is DISMISSED with respect to tax year 2025. The 

appeal shall continue for tax year 2026. 

 

IT IS FURTHER ORDERED that the case is TRANSFERRED from the Small Claims 

Division to the Entire Tribunal. 

 

IT IS FURTHER ORDERED that the time for Petitioner to cure the default is 

EXTENDED. 

IT IS FURTHER ORDERED that Petitioner must complete the following to cure the 

default: (1) file an amended petition in compliance with Entire Tribunal rules, including 

the applicable multi-parcel form, (2) file proof of service of the amended Entire Tribunal 

petition upon all parties in interest as required by TTR 227(6), (3) pay the additional 

petition filing fee required under TTR 223(2)(a)-(b), (4) file a Motion to Set Aside 

Default, (5) pay the $50.00 fee required for the filing of the motion, and (6) file proof the 

motion was served on Respondent. The foregoing must be filed with the Tribunal within 

14 days of the entry of this order.6 

 

Failure to comply with this order may result in the dismissal of the case, as provided by 

TTR 237.7 

 

 

Entered: September 8, 2026 

 

 

 

By: /s/ Patricia L. Halm 

bw/gc 

 

 

5 Residential property is defined as real property with a principal residence exemption (“PRE”), real 

property classified as residential or agricultural, and real property with less than 4 rental units. See MCL 

205.762(6) and TTR 265. “Property other than residential property may be included in a proceeding 

before the residential property and small claims division if the amount of that property's taxable value or 

state equalized valuation in dispute is not more than $100,000.00.” MCL 205.762(1). 

6 “A submission by mail is considered filed on the date indicated by the United States Postal Service 

postmark on the envelope containing the submission. A submission without a postmark or with an illegible 

postmark is considered filed on the date the submission is received by the tribunal. A submission by 

commercial delivery service is considered filed on the date the submission is given to the commercial 

service for delivery to the tribunal as indicated by the receipt date on the package containing the 

submission. A submission by personal service is considered filed on the date the submission is received. 

A submission through the tribunal’s e-filing system by 11:59 p.m. on a business day is considered filed on 

that business day. A submission by email to the email address designated by the tribunal by 11:59 p.m. 

on a business day is considered filed on that business day. A submission on a Saturday, a Sunday, or a 

holiday is considered filed on the following business day, as provided by section 35a of the tax tribunal 

act, MCL 205.735a.” TTR 225(5). 

7 See also MCL 205.732.

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MTT Docket No. 26-002683 

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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

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