Motion to Set aside default.pdf
Statewide Meskill LLC Petitioner Vs. Township Of Columbus Respondent · 26-001113-TT
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STATE OF MICHIGAN MICHIGAN ADMINISTRATIVE HEARINGS SYSTEM MICHIGAN TAX TRIBUNAL STATEWIDE MESKILL LLC, Petitioner, v. MTT Docket No: 26-001113 TOWNSHIP OF COLUMBUS, Respondent. ________________________________________________________________________ RESPONDENT TOWNSHIP OF COLUMBUS’ MOTION TO SET ASIDE DEFAULT AND FOR LEAVE TO FILE ATTACHED ENTIRE TRIBUNAL ANSWER Respondent Township of Columbus (“Respondent”), by and through its undersigned counsel, respectfully moves the Tribunal for an order setting aside the default entered August 25, 2026, accepting Respondent’s attached Entire Tribunal Answer, and restoring Respondent to active participation in this matter. In support, Respondent states: 1. Petitioner filed this property-tax appeal in the Entire Tribunal under MTT Docket No. 26-001113. 2. On August 25, 2026, the Tribunal entered an Order of Default. The Order states that Respondent filed a Small Claims answer although the matter was pending in the Entire Tribunal.
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3. The Order directed Respondent to file and serve an Entire Tribunal answer, with proof of service, within 14 days of entry. The Order further provides that a party failing to comply must file a motion to set aside the default with the appropriate filing fee. 4. Respondent respectfully requests that the Tribunal set aside the default and accept the attached proposed Entire Tribunal Answer. 5. Respondent’s assessor made a good-faith effort to respond to the appeal by filing a Property Tax Appeal Answer Form. The response was submitted on the Small Claims form rather than as an Entire Tribunal answer. The resulting procedural error was inadvertent and was not an intent to abandon Respondent’s defense of this matter. 6. The Township forwarded the case file to undersigned counsel on August 27, 2026. The file then required processing through counsel’s office for conflict review and initial file review. During that period, counsel also attempted to obtain from the Township the actual date and proof of service of the petition bearing the Tribunal’s docket number. 7. According to the Tribunal docket, the Order of Default was entered on August 25, 2026. That Order was not provided to undersigned counsel with the file and had not otherwise been received by undersigned counsel before September 9, 2026. 8. The 14-day period set by the Order included the Labor Day holiday weekend. Undersigned counsel’s office was closed on Friday, August 28, 2026, and Tuesday, September 8, 2026, in connection with that holiday weekend.
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9. On September 9, 2026, undersigned counsel accessed the Tribunal docket and learned that the Tribunal had entered the default and that the time specified in the Order to cure it had expired. Respondent promptly prepared this Motion, the proposed Entire Tribunal Answer, proposed order, and proof of service. 10. The sequence of events described above was not willful, deliberate, or intended to delay this proceeding. Respondent had previously attempted to respond through its assessor, but the response was submitted on a Small Claims form rather than as an Entire Tribunal answer. 11. Petitioner will not suffer material prejudice if the default is set aside and the proposed answer is accepted. The matter concerns a 2026 property-tax assessment, and Respondent seeks to litigate the merits through the Tribunal’s regular case- management process. 12. Respondent has good-faith defenses and disputes petitioner’s requested reductions in true cash value, assessed value, state equalized value, taxable value, and any asserted uniformity, classification, or “loss” claim. The attached answer identifies Respondent’s position and preserves defenses for the case-management process. 13. Respondent has served this motion and the proposed answer on petitioner’s counsel and files proof of service with this motion. Legal Standard
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The Tribunal may hold a party in default for failing to plead or otherwise proceed under the Tribunal rules or a Tribunal order. A defaulted party must cure the default as directed by the default order. Mich. Admin. Code R 792.10237(1). The August 25, 2026 Order of Default specifies the corrective procedure: filing and serving an Entire Tribunal answer with proof of service within 14 days, and, if that deadline is not met, filing a motion to set aside default with the appropriate fee.. The proposed answer is responsive to the Petition’s material allegations and is submitted in the form required for an Entire Tribunal answer. Mich. Admin. Code R 792.10235(2). WHEREFORE, Respondent Township of Columbus respectfully requests that the Tribunal enter an order: A. Setting aside the August 25, 2026 default; B. Accepting Respondent’s attached Entire Tribunal Answer as filed; C. Restoring Respondent to active participation in this matter; D. Directing that the matter proceed under the Tribunal’s ordinary case- management process; and E. Granting such other relief as is just and proper. Respectfully submitted, ADDIS LAW FIRM, PLLC Paul B. Addis
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Paul Addis (P61691) Attorney for Respondent Township of Columbus Dated: September 9, 2026 Proof of Service I certify that on September 9, 2026, I served this RESPONDENT TOWNSHIP OF COLUMBUS’ MOTION TO SET ASIDE DEFAULT AND FOR LEAVE TO FILE ATTACHED ENTIRE TRIBUNAL ANSWER upon Aaron M. Fales, Esq., Law Office of Aaron M. Fales, P.C., 330 Hamilton Row, Suite 350, Birmingham, Michigan 48009, attorney for Petitioner Statewide Meskill LLC, by first class mail and afaleslaw@gmail.com Paul B. Addis Paul B Addis (P61691)