25-003075 Deny Mtn SAD Dismiss.pdf
Robert Edwards, Jean Edwards, Petitioners Vs. Township Of Schoolcraft, Respondent · 25-003075-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 Edwards and Jean Edwards, MICHIGAN TAX TRIBUNAL Petitioners, v MTT Docket No. 25-003075 Schoolcraft Township, Presiding Judge Respondent. Patricia L. Halm ORDER DENYING PETITIONERS’ MOTION TO SET ASIDE DEFAULT ORDER OF DISMISSAL On September 16, 2025, Petitioners filed a motion and paid the applicable motion fee, requesting that the Tribunal set aside the default entered on August 1, 2025.1 Respondent did not respond to the motion. On October 30, 2025, the Tribunal issued an order placing Petitioners’ motion in abeyance and extending the time for Petitioners to cure the default by an additional 14 days, stating that while Petitioners partially complied with Tribunal rules by filing a Motion to Set Aside Default and paying the fee required for the filing of the motion,2 Petitioners failed to pay the fee required for the filing of the petition. Though Petitioners timely responded by paying the required petition filing fee on November 8, 2025, the Tribunal issued a third order extending the time for Petitioners to cure the default. In that order the Tribunal clarified that although Petitioners had satisfied the requirements of the initial default, Petitioners had failed to file proper proof evidencing the service of the petition.3 Petitioners were allowed an additional 14 days to respond, have had ample time to reply, yet have failed to respond or submit the requested filings. As such, granting the motion is not warranted. Furthermore, the Tribunal finds that Petitioners have not complied with the orders extending default, which stated that “failure to comply with this order may result in the dismissal of the case” and referenced Grimm v Dep’t of Treasury.4 In Grimm, the Michigan Court of Appeals summarized factors that the Tribunal should consider before imposing the sanction of dismissal. Those factors are: (1) whether the violation was wilful or accidental; (2) the party's history of refusing to comply with previous court orders; (3) the prejudice to the 1 Petitioner failed to respond to the order of default and the Tribunal issued an order extending the default on September 9, 2025, allowing Petitioner an additional 14 days to respond to the default. 2 A list of Tribunal rules can be found online at www.michigan.gov/taxtrib. 3 TTR 227. 4 Grimm v Dep’t of Treasury, 291 Mich App 140 (2010).
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MTT Docket No. 25-003075 Page 2 of 3 opposing party; (4) whether there exists a history of deliberate delay; (5) the degree of compliance with other parts of the court's orders; (6) attempts to cure the defect; and (7) whether a lesser sanction would better serve the interests of justice.5 Here, Petitioners’ failure to comply with multiple orders has established a history of deliberate delay. As a result, giving careful consideration to the factors involved and considering all options in determining what sanction is just and proper, the Tribunal finds that dismissal is appropriate, and a lesser sanction would not be appropriate in light of Petitioners’ history of noncompliance in this case. Therefore, IT IS ORDERED that Petitioners’ Motion to Set Aside Default is DENIED. IT IS FURTHER ORDERED that this 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: December 18, 2025 By _____________________________ kac/jc 5 Id. at 149.
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MTT Docket No. 25-003075 Page 3 of 3 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