25-003492 Vacate Dis Ext 2nd 1.pdf
Sonja D Green, Petitioner V City Of Detroit, Respondent · 25-003492-TT
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Page 1
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 Sonja D Green, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 25-003492 City of Detroit, Presiding Judge Respondent. Patricia L. Halm ORDER VACATING ORDER OF DISMISSAL ORDER REINSTATING CASE ORDER EXTENDING TIME FOR PETITIONER TO CURE DEFAULT The Tribunal has considered the file in this case and finds that an Order dismissing this case was entered on December 3, 2025. However, the Tribunal erred in the entry of this order because Petitioner submitted a response to the Order Extending Petitioner’s Time to Cure Default, it just simply had not yet been processed. As such, the Tribunal finds good cause to vacate the order and reinstate the case. Further, the Tribunal finds that Petitioner was held in default because Petitioner failed to pay the required filing fee for the filing of the petition and failed to file a copy of the notice giving rise to the appeal, i.e., Principal Residence Exemption (PRE) denial notice. Petitioner failed to respond, and the Tribunal entered an order extending the time to cure on November 4, 2025. Having now paid the filing fee for the filing of the petition, Petitioner has partially complied with the Tribunal’s orders. Petitioner failed, however, to include a copy of the notice giving rise to the appeal, file a Motion to Set Aside Default, and pay the required $25.00 fee for the filing of the motion. Petitioner included with their response a copy of a Notice of Property Tax Delinquency/Forfeiture, which is not the required notice giving rise to the appeal. In order to properly invoke the Tribunal’s jurisdiction, Petitioner is required to obtain a copy of the PRE denial notice from Respondent and submit a copy to the Tribunal, see TTR 279(3). A list of Tribunal rules can be found online at www.michigan.gov/taxtrib. Though the Tribunal finds one final 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 of the case for failure to timely comply with this order.1 Therefore, 1 See Grimm v Dep’t of Treasury, 291 Mich App 140 (2010).
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MTT Docket No. 25-003492 Page 2 of 2 IT IS ORDERED that the Order of Dismissal is VACATED. IT IS FURTHER ORDERED that the case is REINSTATED. IT IS FURTHER 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 copy of the PRE denial notice obtained from Respondent, (2) file a Motion to Set Aside Default, (3) pay the $25.00 fee required for the filing of the motion, and (4) file proof the motion was served on Respondent. The foregoing must be filed with the Tribunal within 14 days of entry of this order.2 Failure to comply with this order may result in the dismissal of the case, as provided by TTR 237.3 By: _____________________________ Entered: December 15, 2025 kac/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 2 “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). 3 See also MCL 205.732.