25-003057 Extend Default (response).pdf
Mary Ann Lamkin, Petitioner V Township Of Hamburg, Respondent · 25-003057-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 Mary Ann Lamkin, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 25-003057 Hamburg Township, Presiding Judge Respondent. Patricia L. Halm ORDER EXTENDING TIME FOR PETITIONER TO CURE DEFAULT On September 23, 2025, Petitioner filed an amended petition in response to the Tribunal’s September 11, 2025 Order of Default. The Tribunal has considered the response and the case file and finds that Petitioner was held in default because Petitioner failed to file a completed petition and failed to file a copy of the notices giving rise to the appeal, i.e., March Board of Review (BOR) results, for the parcel numbers under appeal, Parcel No. 4715-21-200-010 and Parcel No. 4715-21-200-009.1 Although Petitioner timely responded to the Order of Default, their attempt to cure is incomplete because Petitioner failed to sign the amended petition and failed to file a copy of the BOR results. However, the answer, filed by Respondent on October 6, 2025, included a copy of the BOR results for Parcel No. 4715-21-200-010, thus partially setting aside the required notice portion of the default. In order to set aside the default, Petitioner still must file a completed signed petition and file a copy of the BOR results for Parcel No. 4715-21-200-009.2 Though the Tribunal finds an extension of time to cure the default appropriate, Petitioner’s failure to comply with Tribunal orders and its Rules of Practice and Procedure has established a history of deliberate delay that would justify dismissal for failure to timely comply with this order.3 Therefore, IT IS ORDERED that the time for Petitioner to cure the default is EXTENDED. IT IS FURTHER ORDERED that Petitioner must complete the following to cure the default: (1) file a completed signed Petition for Valuation Appeal, (2) file a copy of the BOR results for Parcel No. 4715-21-200-009, (3) file a Motion to Set Aside Default, and (4) file proof the motion was served on Respondent. IT IS FURTHER ORDERED that the petition shall note the docket number assigned by the Tribunal and if filed utilizing the Tribunal’s e-filing system, must be filed on the 1 The order further stated, “Failure to comply with this order will result in the defaulted party being required to file a motion to set aside the default (with appropriate filing fee).” 2 A complete list of Tribunal rules can be found online at www.michigan.gov/taxtrib. 3 See Grimm v Dep’t of Treasury, 291 Mich App 140 (2010).
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MTT Docket No. 25-003057 Page 2 of 2 assigned docket number as an “Amended Petition.” The foregoing must be filed with the Tribunal within 14 days of the entry of this order.4 Failure to comply with this order may result in the dismissal of the case, as provided by TTR 237.5 Entered: November 7, 2025 By _____________________________ kac 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 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). 5 See also MCL 205.732.