25-002486 recon.pdf
Addison E Kelley, Petitioner V City Of Ferndale, Respondent · 25-002486-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 Addison E Kelley, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 25-002486 City of Ferndale, Presiding Judge Respondent. Marcus L. Abood ORDER DENYING PETITIONER’S MOTION FOR RECONSIDERATION On October 15, 2025, Petitioner filed a motion requesting that the Tribunal reconsider the Order of Dismissal entered in this case on October 9, 2025. In the motion, Petitioner states that all emails were going to their junk folder. Petitioner apologizes for their carelessness. The Tribunal has considered the motion and the case file and finds that Petitioner has failed to demonstrate 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.1 The Tribunal’s orders were properly sent to Petitioner at their email address of record, and the parties are responsible for ensuring receipt of all correspondence.2 Petitioner failed to comply with the Tribunal’s rules and orders, and dismissal of the case was therefore proper pursuant to TTR 237 and Grimm v Dep’t of Treasury.3 Moreover, Petitioner still has not submitted the required documentation or otherwise complied with the Tribunal’s orders.4 Therefore, IT IS ORDERED that Petitioner’s Motion for Reconsideration is DENIED. This order resolves all pending claims in this matter and closes this case. APPEAL RIGHTS If you disagree with the final decision in this case, you may file a claim of appeal with the Michigan Court of Appeals. If the claim is filed within 21 days of the entry of the final decision, it is an “appeal of right.” If the claim is filed more than 21 days after the entry 1 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). 2 See TTR 219. 3 Grimm v Dep’t of Treasury, 291 Mich App 140 (2010). 4 The Small Claims petition form specifically advised Petitioner of the requirement to file a copy of the notice giving rise to appeal and indicated that they may be held in default if they failed to submit the document. See TTR 272(3).
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MTT Docket No. 25-002486 Page 2 of 2 of the final decision, it is an “appeal by leave.” A copy of the claim of appeal must be filed with the Tribunal to certify the record on appeal. There is no certification fee. By Entered: October 27, 2025 ejg 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