Full record / Exhibit 2 Final Amended Petition Eschaton 4535 Docket No. 00046.pdf

Exhibit 2 Final Amended Petition Eschaton 4535 Docket No. 00046.pdf

Eschaton LLC, Petitioner Vs. City Of Detroit, Respondent · 26-000046-TT

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STATE OF MICHIGAN 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MICHIGAN TAX TRIBUNAL 

 

 

ESCHATON LLC, 

 

 

 

Petitioner, 

 

 

 

 

 

 

MTT Docket No. 26-000046 

v. 

 

 

 

 

 

 

 

 

CITY OF DETROIT, 

 

 

Respondent. 

________________________________________________________________ 

 

AMENDED ENTIRE TRIBUNAL PETITION 

(December 2025 Board of Review Decision) 

1. Jurisdictional Basis 

1. This Appeal is taken pursuant to MCL 205.735a(6). 

2. Petitioner appeals the December 2025 Board of Review Affidavit of Correction, issued 

December 9, 2025. 

3. The Appeal was timely filed within 35 days of the December 2025 BOR decision. 

4. This Amended Petition is filed pursuant to the Tribunal’s Order Holding Petitioner in 

Default and requiring correction of the jurisdictional basis. 

2. Nature of Appeal (LIMITED) 

Petitioner appeals only the matters addressed by the December 2025 Board of Review, 

specifically: 

14 - Clerical Error/Mutual Mistake of Fact 

15 - Property Exemption Granted 

Petitioner does not assert a general valuation appeal for 2025 beyond the BOR’s corrections. 

3. Subject Property Information 

The property address is 4535 Chrysler, Detroit, MI 48201 

 

The property is a commercial property. 

All of the parcels of personal property located on a parcel of real property under appeal. 

Petitioner’s legal residence or principal office address is: 375 Lodge, Detroit, MI 48214. 

 

26-000046 

Parcel No: 03003238

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2025 AV: $0 → $288,900 

2025 TV: $0 → $280,980 

4. Issues Presented 

COUNT I – Improper Denial of Nonprofit Exemption 

1. The December 2025 BOR denied Petitioner’s exemption. 

2. The subject property qualifies for exemption under: 

o MCL 211.7o (charitable exemption), and/or 

3. The BOR’s denial constitutes error because: 

o The property is occupied by a qualifying nonprofit entity. 

o The property is used solely for exempt purposes. 

o No statutory disqualification applies. 

Petitioner requests reinstatement of exempt status for tax year 2025. 

COUNT II – Improper Use of “Clerical Error/Mutual Mistake” Authority 

1. The BOR characterized the correction as a clerical error or mutual mistake of fact under 

MCL 211.53b. 

2. The change from $0 to substantial assessed and taxable value is not a ministerial correction. 

3. A clerical error must be mechanical or typographical in nature. 

4. A change involving substantive exemption determinations exceeds qualified error 

authority unless specifically authorized. 

Petitioner requests reversal of the BOR correction. 

COUNT III – Lack of Statutory Qualified Error 

1. The BOR’s action must fall within the narrow definition of “qualified error” under MCL 

211.53b(6). 

2. The record does not establish: 

o A mathematical miscalculation; 

o A clerical mistake in transcribing values; 

o A mutual mistake of fact; or 

o Any other enumerated qualified error. 

3. The December 2025 action therefore exceeded statutory authority. 

5. Relief Requested 

Petitioner requests that the Tribunal:

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1. Reverse the December 2025 BOR Affidavit(s) of Correction; 

2. Reinstate the exemption for 2025; OR in the alternative, 

3. Correct the assessment consistent with the Tribunal’s jurisdiction over the BOR action. 

6. Related Circuit Court Case 

Pursuant to Tribunal Order: 

1. Wayne County Circuit Court Case No. 25-015101-CB is pending. 

2. The issues in that case concern: Wayne County Circuit Court Case No. 25-015101-CB 

concerns claims arising from the City of Detroit’s assessment and taxation of the subject 

property, including the denial of a nonprofit property tax exemption and related 

administrative actions, and the Wayne County Treasurer's foreclosure on the subject 

property. The Circuit Court action seeks relief independent of, and in addition to, the 

statutory review of the December 2025 Board of Review Affidavit(s) of Correction 

presently before the Michigan Tax Tribunal. 

3. The circuit action does not divest the Tribunal of jurisdiction over the December 2025 

BOR decision. 

4. A copy of the Complaint and current Status Report is attached. 

Respectfully Submitted, 

 

 

 

 

 

 

 

DARWYN P. FAIR LAW PLLC 

 

 

 

 

 

 

 

/s/ Darwyn P. Fair 

 

 

 

 

 

 

DARWYN P. FAIR (P31266) 

 

 

 

 

 

 

Attorney for Petitioner 

 

 

 

 

 

 

535 Griswold, Ste. 111-554 

 

 

 

 

 

 

Detroit, Michigan 48226 

Dated: February 27, 2026 

 

(313) 967-0595

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CERTIFICATE OF SERVICE 

I hereby certify that on the 27th day of February 2026, I served the Amended Entire 

Tribunal Petition, Copy of the Amended Complaint filed in Wayne County Circuit Court Case No. 

25-015101-CB, and exhibits, the Temporary Restraining Order, and Status Report regarding 

Circuit Court proceedings and Certificate of Service on the City of Detroit Assessor and the City 

of Detroit Corporation Counsel pursuant to TTR 227(6)as follows. 

Alvin Horhn 

Office of the Assessor 

2 Woodward Avenue, Ste 1300 

Detroit, MI 48226 

 

James D. Noseda (P52563) 

City of Detroit Law Department 

Attorney for City of Detroit 

2 Woodward Ave., Ste. 500 

Detroit, MI 48226 

 

 

 

 

 

 

/s/ Darwyn P. Fair 

 

 

 

 

 

 

Darwyn P. Fair

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