24-003977 Dismissal.pdf

Robert K Haag, Petitioner V Township Of Fair Haven, Respondent · 24-003977-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 

Robert K Haag, 

MICHIGAN TAX TRIBUNAL 

 

Petitioner, 

SMALL CLAIMS DIVISION 

 

v 

 

MTT Docket No. 24-003977 

 

Fairhaven Township, 

 

Presiding Judge 

Respondent. 

 

Patricia L. Halm 

 

ORDER SETTING ASIDE RESPONDENT’S DEFAULT 

 

ORDER OF DISMISSAL 

 

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

default on September 19, 2025, because it did not submit a copy of the resolution 

confirming the special assessment roll, as required by TTR 281. Respondent filed a 

response to the Order of Default on September 22, 2025, and the default has been 

timely cured. 

 

Further, the Tribunal finds that it has no authority over Petitioner’s appeal. The 

pleadings and accompanying documentation indicate that Petitioner is appealing 

Respondent’s mosquito abatement special assessment. While Petitioner protested the 

assessment at the hearing held for the purpose of confirming the special assessment 

roll, as required by MCL 205.735a, the roll was not confirmed at this meeting as it was 

contingent on elector approval. Documentation submitted by Respondent in response 

to the Order of Default indicates that the special assessment roll was not confirmed until 

May 6, 2025, following approval by the electors. 

 

As a result, the appeal is untimely pursuant to MCL 41.726, which states that “after the 

confirmation of the special assessment roll, all assessments on that assessment roll 

shall be final and conclusive unless an action contesting an assessment is filed in a 

court of competent jurisdiction within 30 days after the date of confirmation.”1 This 

appeal was filed on September 20, 2024, and thus, was filed prematurely. 

 

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.2 Therefore, 

 

IT IS ORDERED that Respondent’s default is SET ASIDE. 

 

1 Id. (Emphasis added.) 

2 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).

MTT Docket No. 24-003977 

Page 2 of 2 

 

IT IS FURTHER ORDERED that the case is DISMISSED. 

 

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 motion for 

reconsideration with the Tribunal or a claim of appeal with the Michigan Court of 

Appeals. 

 

A motion for reconsideration must be filed with the Tribunal with the required filing fee 

within 21 days from the date of entry of the final decision. Because the final decision 

closes the case, the motion cannot be filed through the Tribunal’s web-based e-filing 

system; it must be filed by mail or personal service. The fee for the filing of such 

motions is $50.00 in the Entire Tribunal and $25.00 in the Small Claims Division, unless 

the Small Claims decision relates to the valuation of property and the property had a 

principal residence exemption of at least 50% at the time the petition was filed or the 

decision relates to the grant or denial of a poverty or disabled veterans exemption and, 

if so, there is no filing fee. You are required to serve a copy of the motion on the 

opposing party by mail or personal service or by email if the opposing party agrees to 

electronic service, and proof demonstrating that service must be submitted with the 

motion. Responses to motions for reconsideration are prohibited and there are no oral 

arguments unless otherwise ordered by the Tribunal. 

 

Alternatively, 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 20, 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

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