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24-004214 Kauffman v Assyria Twp.pdf

John P Kauffman, Petitioner V Township Of Assyria, Respondent · 24-004214-TT

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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 

John P Kauffman, 

MICHIGAN TAX TRIBUNAL 

 

Petitioner, 

SMALL CLAIMS DIVISION 

 

v 

 

MTT Docket No. 24-004214 

 

Assyria Township, 

 

Presiding Judge 

Respondent. 

 

Patricia L. Halm 

 

ORDER FOR DEFAULT HEARING 

 

ORDER PLACING PETITIONER IN DEFAULT 

 

The Tribunal has considered the file in this case and finds that Respondent was placed 

in default on February 13, 2025, because Respondent failed to file an answer to the 

petition. The Tribunal extended the time for Respondent to cure the default by an 

additional 14 days on April 25, 2025, and it has failed to respond or submit the required 

filings. Given this failure, the Tribunal finds that Respondent’s violation was willful. It 

also establishes a history of deliberate delay and refusing to comply with Tribunal rules 

and orders, both of which have prejudiced Petitioner. As a result, after giving careful 

consideration to the Grimm factors and considering all options in determining what 

sanction is just and proper, the Tribunal finds that scheduling a default hearing is 

warranted, and a lesser sanction would not be appropriate or better serve the interests 

of justice.1 

 

Additionally, the Tribunal finds that within the same April 25, 2025 order, Petitioner was 

ordered to submit information or documentation showing that Petitioner provided the 

assessor with a copy of the recorded qualified forest school tax affidavit by December 

31 of the tax years at issue.2 Petitioner was required to submit the required information 

within 14 days. Despite having ample time to comply, Petitioner failed to respond or 

submit the required filings. As a result, Petitioner is subject to default, as provided by 

TTR 237. Therefore, 

 

IT IS ORDERED that a default hearing shall be scheduled in the normal course.3 

 

1 See Grimm v Dep’t of Treasury, 291 Mich App 140 (2010). Though Grimm was specific to the sanction 

of dismissal, the cases cited by the Court, and the reasoning behind its adoption of the factors set forth 

therein are not so narrow. The factors apply equally to default judgements, or in the case of the Tribunal 

proceedings, the conducting of a default hearing. See Bass v Combs, 238 Mich App 16 (1999), overruled 

in part on other grounds by Dimmitt & Owens Fin, Inc v Deloitte & Touche (ISC), LLC, 481 Mich 618 

(2008), Vicencio v Ramirez, 211 Mich App 501 (1995), and Traxler v Ford Motor Co, 227 Mich App 276 

(1998). See also TTR 237. 

2 See MCL 211.7jj[1]. 

3 A “default hearing" is “a hearing at which the defaulted party is precluded from presenting any testimony, 

offering any evidence, and examining the other party's witnesses.” TTR 203(e).

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MTT Docket No. 24-004214 

Page 2 of 2 

 

IT IS FURTHER ORDERED that Petitioner is HELD IN DEFAULT. 

 

IT IS FURTHER ORDERED that the Petitioner shall submit information and 

documentation indicating whether it possessed a recorded qualified forest school tax 

affidavit and whether it submitted a copy of that affidavit to the assessor by December 

31 of the tax years at issue. Petitioner shall also file a proof of service evidencing 

service of the documentation on Respondent. Petitioner shall submit the foregoing 

within 14 days of entry of this order.4 

 

Failure to comply with this order will result in the Petitioner being required to file a 

motion to set aside the default (with appropriate filing fee). 

 

 

Entered: June 2, 2025 

 

 

 

By _____________________________ 

smm/gc 

 

 

 

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 

 

 

 

4 “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)

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