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25-002326 Extension and Partial Dismissal.pdf

David J Bullinger, Petitioner V City Of Lapeer, Respondent · 25-002326-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 

David J Bullinger, 

MICHIGAN TAX TRIBUNAL 

 

Petitioner, 

SMALL CLAIMS DIVISION 

 

v 

 

MTT Docket No. 25-002326 

 

City of Lapeer, 

 

Presiding Judge 

Respondent. 

 

Patricia L. Halm 

 

ORDER OF PARTIAL DISMISSAL 

 

ORDER EXTENDING TIME FOR PETITIONER TO CURE DEFAULT 

 

On June 24, 2025, Petitioner filed documents regarding their claim for a Qualified 

Agricultural Exemption and subsequent denial by Respondent’s assessor in response to 

the Tribunal’s June 10, 2025 Order of Default. 

 

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

appealing both the denial of a Qualified Agricultural Exemption and the Board of 

Review’s determination as to the assessed and taxable values of the subject property. 

However, the Tribunal finds that it does not have jurisdiction over Petitioner’s claim 

regarding the denial of the Qualified Agricultural Exemption. MCL 211.7ee states that 

“qualified agricultural property is exempt from the tax levied by a local school district for 

school operating purposes . . . .”1 An owner of property classified as anything other 

than agricultural, however, is required to file an affidavit with the local taxing unit no later 

than May 1 to claim the exemption, and the assessor is responsible for determining 

whether the property is entitled to the exemption upon such filing.2 Alternatively, “an 

owner of property that is qualified agricultural property on May 1 for which an exemption 

was not on the tax roll may file an appeal with the July or December board of review in 

the year the exemption was claimed or the immediately succeeding year.”3 

 

There is no indication that Petitioner timely filed the requisite affidavit, and there was no 

appeal to the July or December Board of Review. Instead, Petitioner directly appealed 

to the March Board of Review, without first timely filing an affidavit with the local taxing 

unit. The March Board of Review has no authority to determine eligibility or grant an 

exemption absent a denial by the assessor of an existing exemption on the assessment 

notice.4 Petitioner subsequently applied for the Qualified Agricultural Exemption by 

 

1 MCL 211.7ee(1). 

2 See MCL 211.7ee(2) and (4). 

3 MCL 211.7ee(6). 

4 See MCL 211.7ee(7), which states: “If the assessor of the local tax collecting unit believes that the 

property for which an exemption has been granted is not qualified agricultural property, the assessor may 

deny or modify an existing exemption by notifying the owner in writing at the time required for providing a 

notice under section 24c. A taxpayer may appeal the assessor's determination to the board of review

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MTT Docket No. 25-002326 

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filing an affidavit with Respondent on May 5, 2025. On June 18, 2025, Respondent 

denied the exemption as untimely because the claim form was filed after May 1st and 

because the subject property was not being actively used for an agricultural purpose as 

of May 1st. The June 18, 2025 letter notified Petitioner of their requirement to appeal to 

either the July or December Board of Review prior to appealing to the Tribunal.5 As 

such, and inasmuch as the Tribunal has no equitable power to waive or otherwise 

disregard a statutory filing requirement, it has no authority to consider Petitioner’s 

claims or grant the relief requested regarding the Qualified Agricultural Exemption.6 

 

However, the Tribunal finds that it has jurisdiction over Petitioner’s claim regarding the 

valuation of the subject property as they timely filed their appeal from the notice of the 

2025 March Board of Review’s decision.7 

 

Further, the Tribunal finds that Petitioner was held in default because they filed the 

wrong petition for the issue being appealed and had not paid the full required fee for the 

filing of the appropriate petition.8 Although Petitioner timely responded to the Order of 

Default, their attempt to cure is incomplete because Petitioner failed to file a petition for 

a valuation appeal and pay the remaining amount owed of the required filing fee. 

Though the Tribunal finds an extension of time to cure the default appropriate, 

Petitioner’s failure to comply with Tribunal orders and its Rules of Practice and 

Procedure has established a history of deliberate delay that would justify dismissal of 

the case for failure to timely comply with this order.9 Therefore, 

 

IT IS ORDERED that this case is PARTIALLY DISMISSED. The appeal shall continue 

only as to Petitioner’s valuation claim for the 2025 tax year. 

 

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 a Petition for Valuation Appeal, (2) pay the remaining $100.00 owed for 

the required petition filing fee, (3) file a Motion to Set Aside Default, (4) pay the $25.00 

fee required for the filing of the motion, and (5) file proof the motion was served on 

Respondent. The foregoing must be filed with the Tribunal within 14 days of entry of 

this order.10 

 

meeting under section 30. A decision of the board of review may be appealed to the residential and small 

claims division of the Michigan tax tribunal.” Id. 

5 Note that Petitioner may still appeal to the July or December Boards of Review during this calendar 

year. 

6 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). 

7 See MCL 205.735a(6). 

8 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).” 

9 See Grimm v Dep’t of Treasury, 291 Mich App 140 (2010). 

 

10 “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

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MTT Docket No. 25-002326 

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The petition shall note the docket number assigned by the Tribunal and if filed utilizing 

the Tribunal’s e-filing system, must be filed on the assigned docket number as an 

“Amended Petition.” 

 

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

TTR 237.11 

 

Entered: July 9, 2025 

 

 

 

By _____________________________ 

cs/jc 

 

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 

 

 

 

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). 

11 See also MCL 205.732.

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