25-003331.pdf
Frances Platt, Petitioner V City Of Detroit, Respondent · 25-003331-TT
Text extracted from the reviewed PDF, organized by page. OCR and reading order may contain errors; confirm details in the PDF below.
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 Frances Platt, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 25-003331 City of Detroit, Presiding Judge Respondent. Patricia L. Halm ORDER OF DISMISSAL The Tribunal has considered the file in this case and finds that it has no authority over Petitioner’s appeal. Petitioner is seeking poverty exemptions for the 2024 and 2025 tax years. Having reviewed Respondent’s 2025 March Board of Review decision, the Tribunal finds that Petitioner’s appeal regarding the 2025 tax year is unnecessary. The March Board of Review decision indicates that Petitioner was granted a 100% poverty exemption for the 2025 tax year. Thus, there is no controversy regarding the poverty exemption for the 2025 tax year for the Tribunal to consider. As for Petitioner’s claim regarding the 2024 year, there is no indication in the petition or otherwise that Petitioner submitted a request for a poverty exemption to Respondent’s Board of Review for the 2024 tax year. Such a request is a pre-requisite for invoking the Tribunal’s jurisdiction. Poverty exemption requests must be made on an annual basis, and Petitioner was required to submit a request for a poverty exemption to either Respondent’s March Board of Review and appeal to the Tribunal by July 31, 2024,1 or to Respondent’s July or December Board of Review and appeal within 30 days of a denial.2 The Tribunal’s authority is limited to “a proceeding for direct review of a final decision, finding, ruling, determination, or order of an agency relating to assessment, valuation, rates, special assessments, allocation, or equalization, under the property tax laws of this state.”3 If there is no final decision, finding, ruling, determination or order, the Tribunal has no jurisdiction or authority, and “a court which has determined that it has no jurisdiction should not proceed further except to dismiss the action.”4 As such, and inasmuch as the Tribunal has no equitable power to waive or otherwise disregard a statutory filing deadline, it has no authority to grant Petitioner the relief requested.5 1 See MCL 205.735a. 2 See MCL 211.53c. 3 MCL 205.731(a). 4 Fox v Board of Regents of the University of Michigan, 375 Mich 238, 243; 134 NW2d 146 (1985). 5 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) and Elec Data Sys Corp v Flint Twp, 253 Mich App 538 (2002).
Page 2
MTT Docket No. 25-003331 Page 2 of 2 Therefore, IT IS 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: September 18, 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