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25-003374 Default.pdf

Emily M Cook, Petitioner V City Of Detroit, Respondent · 25-003374-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 

Emily M Cook, 

MICHIGAN TAX TRIBUNAL 

 

Petitioner, 

SMALL CLAIMS DIVISION 

 

v 

 

MTT Docket No. 25-003374 

 

City of Detroit, 

 

Presiding Judge 

Respondent. 

 

Patricia L. Halm 

 

ORDER HOLDING PETITIONER IN DEFAULT 

 

ORDER OF PARTIAL DISMISSAL 

 

The Tribunal has reviewed the file in this case and finds that Petitioner failed to 

complete section seven of the petition form. Because Petitioner failed to provide their 

contention for the subject property’s fair market value or taxable value, the appeal is not 

properly pending. Further, Respondent’s Board of Review decision indicates that 

Petitioner’s property does not have a Principal Residence Exemption. Therefore, 

Petitioner also failed to pay the required fee for the filing of the petition. See Tax 

Tribunal Rules 279 and 269. 

 

Petitioner must complete the petition by providing all information required by each 

applicable section, return the completed petition, and pay the required filing fee for the 

filing of the petition within 14 days of entry of this order. The petition shall note the 

docket number assigned by the Tribunal. Small Claims petition forms and a filing fee 

calculator can be found on the Tribunal’s website at www.michigan.gov/taxtrib. 

Unfortunately, the filing fee payment may not be made via e-filing. 

 

Furthermore, although the petition indicates that Petitioner is also appealing a poverty 

exemption, the Tribunal finds that it has no authority over this claim. Based on the 

petition that was submitted, Petitioner is seeking a poverty exemption for the 2025 tax 

year, but Petitioner failed to provide a copy of the denial of the exemption issued by 

Respondent. The March Board of Review decision submitted by Petitioner did not 

indicate that the Board of Review considered or denied a poverty exemption request. 

Submission of a request for a poverty exemption at a board of review is a pre-requisite 

for invoking the Tribunal’s jurisdiction over such issues, however, and the Tribunal’s 

authority is limited to “a proceeding for direct review of a final decision, finding, ruling, 

determination, or order of an agency relating to assessment, valuation, rates, special 

assessments, allocation, or equalization, under the property tax laws of this state.”1 If 

there is no final decision, finding, ruling, determination or order, the Tribunal has no 

jurisdiction or authority, and “a court which has determined that it has no jurisdiction 

 

1 MCL 205.731(a).

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MTT Docket No. 25-003374 

Page 2 of 2 

 

should not proceed further except to dismiss the action.”2 As such, and inasmuch as 

the Tribunal has no equitable power to waive or otherwise disregard a statutory 

requirement or filing deadline, it has no authority to grant Petitioner the relief 

requested.3 Therefore, 

 

IT IS ORDERED that Petitioner is held in DEFAULT. 

 

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

default: (1) file a fully-completed Small Claims petition form, and (2) pay the required 

petition filing fee. The foregoing must be filed with the Tribunal within 14 days of entry 

of this Order.4 

 

IT IS FURTHER ORDERED that Petitioner’s 2025 poverty exemption claims are 

DISMISSED. 

 

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

set aside the default (with appropriate filing fee). 

 

 

Entered: September 15, 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 

 

 

2 Fox v Board of Regents of the University of Michigan, 375 Mich 238, 243; 134 NW2d 146 (1985). 

3 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). 

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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