25-003407 Extend Default.pdf
Kevin M Ivers, Petitioner V Township Of St Joseph, Respondent · 25-003407-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 Kevin M Ivers, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 25-003407 St Joseph Township, Presiding Judge Respondent. Patricia L. Halm ORDER EXTENDING TIME FOR PETITIONER TO CURE DEFAULT On September 27, 2025, Petitioner filed a quick claim deed in response to the Tribunal’s September 24, 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 provide proof Petitioner was a party in interest in the 221 parcels identified in the petition.1 Although Petitioner timely responded to the Order of Default, his attempt to cure is incomplete. While Petitioner provided proof of being a party in interest for the parcel located at Unit No. 172 Riverview Marina Condominiums, Petitioner failed to provide proof he was a party in interest in the remaining 220 parcels under appeal, or if Petitioner is representing the remaining 220 parcels as an authorized representative, which would require the filing of separate appeals and the payment of separate filing fees for each parcel.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 of the case 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 proof Petitioner is a party in interest in the remaining 220 parcels under appeal, or if Petitioner is representing the other parcels as an authorized representative, file separate appeals (including an amended petition for MTT Docket No. 25-003407) and pay separate filing fees for each of the remaining 220 parcels, (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. 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 and information on filing fees 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. 25-003407 Page 2 of 2 The foregoing must be filed with the Tribunal within 14 days of the entry of this order.4 IT IS FURTHER ORDERED that the petition for MTT Docket No. 25-003407 shall note the docket number assigned by the Tribunal and if filed utilizing the Tribunal’s e-filing system, must be filed on the assigned docket number as an “Amended Petition.” Failure to comply with this order may result in the dismissal of the case, as provided by TTR 237.5 Entered: November 14, 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.