25-003171 Dismiss (admn rem_PRE).pdf
Walter Lewis Stevenson, Petitioner V City Of Detroit, Respondent · 25-003171-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 Walter Lewis Stevenson, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 25-003171 City of Detroit, Presiding Judge Respondent. Patricia L. Halm ORDER OF DISMISSAL On October 31, 2025, Petitioner filed a response to the Order of Default issued on October 14, 2025. The Tribunal has considered the file in this case and finds that Petitioner was held in default for failing to pay the filing fee required for the filing of the petition and failing to file a copy of the notice giving rise to the appeal. While Petitioner responded with the proper filing fee, Petitioner’s attempt to set aside the default is incomplete because the response lacked a copy of the notice giving rise to the appeal. Further, the Tribunal finds that Petitioner is seeking reimbursement for overpayment of taxes associated with the denial of a principal residence exemption, extending beyond the three proceeding tax years. However, Petitioner’s appeal is premature, as such requests must first be filed with the Michigan Department of Treasury pursuant to MCL 211.7cc(20), which states: An owner who owned and occupied a principal residence within the time period prescribed in subsection (2) in any year before the 3 immediately preceding tax years for which the exemption was not on the tax roll as a result of a qualified error on the part of the local tax collecting unit may file a request for the exemption for those tax years with the department of treasury. As such, and inasmuch as Petitioner failed to exhaust their administrative remedies, the Tribunal has no jurisdiction to consider the request. 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.”1 If there is no final decision, finding, ruling, determination or order, the Tribunal has no jurisdiction to consider the petitioner’s appeal. Therefore, IT IS ORDERED that the case is DISMISSED. 1 MCL 205.731(a).
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MTT Docket No. 25-003171 Page 2 of 2 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: November 20, 2025 By _____________________________ 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