25-002889 Recon Deny Corrected Dismissal.pdf
Managify Inc, Petitioner V City Of Detroit, Respondent · 25-002889-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 Managify Inc, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISON v MTT Docket No. 25-002889 City of Detroit, Presiding Judge Respondent. Patricia L. Halm ORDER DENYING PETITIONER’S MOTION FOR RECONSIDERATION CORRECTED ORDER OF DISMISSAL On September 16, 2025, Petitioner filed a motion requesting that the Tribunal reconsider the Order of Dismissal entered in this case on September 15, 2025. In the motion, Petitioner states that this case was improperly dismissed for failure to protest the assessment to the March Board of Review (BOR), as required by MCL 205.735a, since the property is classified as commercial real property. Therefore, Petitioner was not required to protest before the BOR and as such, protested directly to the Tribunal. The Tribunal has considered the motion and the case file and finds that Petitioner indicated on the petition that they did not protest the assessment to the Board of Review and that the subject property is classified as residential. As a result, the Tribunal entered the Order of Dismissal for failure to meet the protest requirements of MCL 205.735a. However, the documentation filed with the Motion for Reconsideration demonstrates that the property is classified as commercial. While Petitioner correctly asserts that assessments for properties classified as commercial may be protested directly to the Tribunal, these protests must also be filed by May 31 of the tax year involved. Since May 31, 2025, fell on a Saturday, the deadline for filing an appeal in 2025 was June 2, 2025.1 The petition in this case was filed on July 28, 2025. Thus, while the Tribunal erred in the initial reasoning for dismissal, Petitioner’s appeal is still untimely, and dismissal of this action remains the appropriate disposition. Given the above, 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.2 Moreover, the Tribunal finds that the accompanying documentation with the Motion for Reconsideration also indicates that Petitioner is not the party-in-interest for this matter. Rather, the documentation provides that Lakewood LLC is the party-in-interest and 1 See TTR 205. 2 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).
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MTT Docket No. 25-002889 Page 2 of 2 proper party to this appeal.3 However, the Tribunal finds that further investigation into this issue is not necessary as the case remains dismissed. Therefore, IT IS ORDERED that Petitioner’s Motion for Reconsideration is DENIED. IT IS FURTHER ORDERED that the September 16, 2025 Order of Dismissal is CORRECTED. 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 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. Entered: October 6, 2025 By _____________________________ cs/am 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 3 Pursuant to MCL 205.735a, the Tribunal’s jurisdiction can only be invoked by a party in interest. The Michigan Court of Appeals has held that “a ‘party in interest’ includes persons or entities with a property interest in the property being assessed.” Spartan Stores, Inc v City of Grand Rapids, 307 Mich App 565, 567 (2014).