25-003651.pdf

Minnie J Merriwether, Petitioner V City Of Lansing, Respondent · 25-003651-TT

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aN 

Legal Services of South Central Michigan 

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S S ( 

NM 

3490 Belle Chase Way, #50, Lansing, M1 48911 

Ul) 

MAKING JUSTICE A REALITY 

Phone (517) 394-2985 

e Fax (517) 394-4276 « www.Isscm.org 

Serving Ingham, Eaton, Clinton, Livingston, and Shiawassee Counties 

TECEIVED 

DEC 16 2025 

December 11, 2025 

A1CHIGAN TAX TRIBUNAL 

Michigan Tax Tribunal 

PO Box 30232 

Lansing, MI 48909 

RE: 

Merriwether v. City of Lansing 

MTT Docket No. 25-003651 

Dear Michigan Tax Tribunal: 

Enclosed please find a copy of the Claim of Appeal and associated documents 

related to the above-captioned case. Please certify the record for this case to the 

Michigan Court of Appeals. 

Thank you for your attention to this matter. 

Should you have questions, please 

contact me at the above telephone number and my extension is 243. 

Sincerely, 

/s/ Jessica R. Maas 

Jessica R. Maas 

Attorney at Law

JIS Code: COA 

STATE OF MICHIGAN 

JUDICIAL DISTRICT 

CASE NO. 

CIRCUIT 

JUDICIAL CIRCUIT 

COUNTY 

CLAIM OF APPEAL 

DISTRICT 

[/1IN THE COURT OF APPEALS 

PROBATE 

Court address 

925 W. Ottawa St., P.O. Box 30022 Lansing, M! 48508-7522 

Court telephone no. 

517-373-0786 

Plaintiff's/Pelitioner’s name(s) and address(es) 

Yl Appellant 

MINNIE ) MERRIWETHER 

[lappeiee 

4217 Wainwright Avenue 

Lansing, M148911 

Defendant's/Respondent’s name(s) and address(es) 

Cl Appetiant 

CITY OF LANSING 

Wlappetice 

124 W. Michigan Avenue 

Lansing, Mi 48933 

Plaintiff's attorney, bar no., address, and telephone no. 

Jessica R. Maas {P77996} & Siarah C. Oliver (P87707) 

MAP/Legal Services of South Central Michigan 

3490 Belle Chase Way, Ste. 50 

Lansing, M1 48911 

(517) 394-2985 

Defendant's attorney, bar no., address, and telephone no. 

Gregory S. Venker 

Office of the City Attorney 

124 W. Michigan Avenue, FI 5 

Lansing, Mt 48933 

(517) 483-4320 

In the matter of 

Other interested party(ies) of probate matter 

1. Minnie J Merriwether 

Name 

claims an appeal from a final judgment or final order entered on 

October 23, 2025 

in the Michigan Tax Tribunal (MTT No. 25-003651-TT) 

Court of the State of Michigan, 

Date 

Court name and number or county 

by 

 [districtjudge 

 [circuitjudge 

 Clprobate judge 

[district court magistrate 

Michigan Tax Tribunal Chair Patricia L. Halm 

R 

Name of judge or district court magistrate 

Bar no. 

2. Bond on appealis 

~~ [lfiled. 

[Dattached. 

waived. 

not required. 

3. [Ja. The transcript has been ordered. 

Jb. The transcript has been filed. 

¢. No record was made.

Claim of Appeal 

(9/23) 

. Page 2 of 2 

0 4. THIS CASE INVOLVES 

[J a. 

ACONTEST AS TO THE CUSTODY OF A MINOR CHILD. 

Case No. 

[Jb. AN ADULT OR MINOR GUARDIANSHIP UNDER THE ESTATES AND PROTECTED INDIVIDUALS CODE OR 

UNDER THE MENTAL HEALTH CODE. 

[CJc. AN INVOLUNTARY MENTAL HEALTH TREATMENT CASE UNDER THE MENTAL HEALTH CODE. 

Jd. 

ARULING THAT A PROVISION OF THE MICHIGAN CONSTITUTION, A MICHIGAN STATUTE, ARULE OR 

REGULATION INCLUDED IN THE MICHIGAN ADMINISTRATIVE CODE, OR ANY OTHER ACTION OF THE 

LEGISLATIVE OR EXECUTIVE BRANCH OF STATE GOVERNMENT IS INVALID. 

Je. ANADOPTION ORDER UNDER CHAPTER X OF THE PROBATE CODE. 

Of. AFREEDOM OF INFORMATION ACT ISSUE. 

12/11/2025 

/s/ lessica R. Maas {P77996) 

Date 

Appellant/Attorney signature 

PROOF OF SERVICE 

| certify that copies of this claim of appeal and bond (if required) were served on 

Gregory Venker, Lansing City Attorney 

on 12/11/2025 

by 

Name 

Date 

Michigan Tax Tribunal 

on 12/11/2025 

by 

Name 

Date 

on 

by 

Name 

Date 

12/11/2025 

/s/ Jessica R. Maas 

personal service. 

[first-class mail. 

[personal service. 

first-class mail. 

[personal service. 

[first-class mail. 

Date 

Signature

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON I. BROWN, DPA 

GOVERNOR 

LANSING 

DIRECTOR 

Minnie J Merriwether,City Of Lansing, 

Petitioner, 

MICHIGAN TAX TRIBUNAL 

SMALL CLAIMS DIVISION 

MTT Docket No. 25-003651 

Respondent. 

ORDER OF DISMISSAL 

The Tribunal has reviewed the file in the above-captioned case and finds that: 

The petition was not filed on or before July 31 of the tax year appealed, as required by 

MCL 205.735a, or within 30 days of the issuance of a July or December Board of 

Review Decision, as required by MCL 211.53c. As such, and inasmuch as the Tribunal 

has no equitable power to waive or otherwise disregard statutory filing requirements and 

deadlines, it has no authority to hear the appeal or grant the relief requested. See 

Sixarp, LLC v Byron Twp, _ Mich__; 

_ NW3d__ (2025). 

Therefore, 

IT IS ORDERED that the case is DISMISSED. 

This order resolves all pending issues and closes the 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

MTT Docket No. 25-003651 

Page 2 of 6 

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. 

pj 

{? 

By.“ alice 

o 

Had ne 

Patricia L. Halm, Tribunal Chair 

Entered: October 23, 2025 

PROOF OF SERVICE 

| 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

& 

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON I. BROWN, DPA 

GOVERNOR 

LANSING 

DIRECTOR 

Minnie J Merriwether, 

MICHIGAN TAX TRIBUNAL 

Petitioner, 

SMALL CLAIMS DIVISION 

v 

MTT Docket No. 25-003651 

City of Lansing, 

Presiding Judge 

Respondent. 

Jason C. Grinnell 

ORDER DENYING PETITIONER'S MOTION FOR RECONSIDERATION 

On November 12, 2025, Petitioner filed a motion requesting that the Tribunal reconsider 

the Order of Dismissal entered in this case on October 23, 2025. 

In the motion, 

Petitioner states that the petition was filed with the Tribunal within 35 days as stated on 

Respondent's Board of Review (BOR) decision. 

The Tribunal has considered the motion and the case file and finds that Petitioner has 

failed to demonstrate a palpable error relative to the Order of Dismissal that misled the 

Tribunal and the parties and that would have resulted in a different disposition 

if the 

error was corrected.’ The Tribunal properly concluded that it has no authority over 

Petitioner's appeal because the petition was not filed within 30 days of the BOR 

decision as required by MCL 211.53¢. Although Petitioner contends that they filed 

within the time period stated on the decision, the Michigan Supreme Court recently 

reaffirmed that the Tribunal lacks any equitable authority to assume jurisdiction in cases 

presenting potential due-process violations when the statutory requirements for filing an 

appeal under MCL 205.735a have not been met. 

Jurisdiction in such cases may only 

be vested upon the Tribunal by a judicial body with powers of equity such as an 

appellate court.? 

: 

Therefore, 

IT 1S ORDERED that Petitioner's Motion for Reconsideration is DENIED. 

This order resolves all pending claims in this matter and closes this case.

MTT Docket No. 25-003651 

Page 2 of 2 

APPEAL RIGHTS 

If you disagree with the final decision in this case, 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 25, 2025 

7 

. 

a 

/ 

- 

bw/gc 

PROOF OF SERVICE 

{ 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

12/10/25, 11:23 AM 

Tax Docket Lookup Details 

Tax Docket Information: 

Docket Number: 

25-003651-TT 

Petitioner: 

Minnie J Merriwether 

Case Type: 

SC Property 

County: 

Ingham 

Judge: 

No judge assigned 

33-01-01-31-327-021 

Status: 

Disposed 

Respondent: 

City Of Lansing 

Division: 

Small Claims Division 

Full Title: 

Minnie J Merriwether, Petitioner v 

City Of Lansing,Respondent 

» 

Download links are available on the right below. 

Action Information 

7 

Denied 

PET 

11/25/2025 

‘Download 

6 

Order Denying Motion 

11/25/2025 

Download 

5 

Motion for Reconsideration was received. 

PET 

11/12/2025 

= $0.00 

Download 

4 

Order of Dismissal 

10/23/2025 

Download: 

3 

Petition has been verified 

PET 

10/23/2025 

Download 

2 

Notice of Docket Number SC 

10/23/2025 

Download 

1 

A petition was received. 

PET 

08/22/2025 

$0.00 

Download 

hitps:/taxdocketiookup.apps. lara.state.mi.us/Details.aspx?PK=159342 

mn

Motion to Waive Fees 

Note: A separate form is required for each person seeking a fee waiver. 

Case Name: Minnie J Merriwether 

v. City of Lansing 

Lower Court Case Number: MTT Docket No. 25-003651-TT 

Court of Appeals Case Number: 

My Name: Minnie J Meriwether 

requests that the Court of Appeals waive the filing fees for this case for the following reason(s): 

\ 

[J A. 

receive the following 

[1 B. 

I have limited income or resources: 

type(s) of need-based 

+ The number of people in my household is: 

public assistance: 

» My source of income (list employer, social security, 

[7] Food Assistance Program 

retirement, etc) is: 

_ through the State of 

Michigan (FAP or SNAP) 

[J Medicaid (including Healthy 

Michigan, CHIP, and ESO) 

* My gross income is: 

, paid every: 

[] Family independence 

[week 

[two weeks 

[Jmonth 

Program through the State of 

Michigan (FIP or TANF) 

[J Women, Infants, and 

Children benefits (WIC) 

« The amount & type of all other household income 

(spouse, VA, unemployment, etc) are: 

[J supplemental Security 

+ The amount & type of my assets (bank accounts, car, 

Income through the federal 

home, etc.) are: 

government (SSI) 

[71 Other public assistance: 

» The amount & type of my monthly expenses (rent, 

child support, mortgage, etc.) are: 

[1 My public assistance case 

number is: 

AN 

A 

S 

A 

XI ¢. 

1am represented by a 

[1 D. 

1 am incarcerated by the Michigan Department 

legal services program or 

of Corrections (MDOC) and have attached: 

law school clinic. The

STATE OF MICHIGAN 

IN THE COURT OF APPEALS 

MINNIE J MERRIWETHER, 

Appellant, 

Court of Appeals No. 

-vs- 

CITY OF LANSING, 

MTT Docket No. 25-003651-TT 

Appellee. 

Jessica R. Maas (P77996) 

Gregory S. Venker (P81780) 

Siarah C. Oliver (P87707) 

Attorney 

for Appellee 

Attorneys for Appellant 

Office of the City Attorney 

MAP/Legal Services of South Central Michigan 

124 W. Michigan Avenue, Fl 5 

3490 Belle Chase Way, Ste. 50 

Lansing, MI 48933 

Lansing, MI 48911 

(517) 483-4320 

(517) 394-2985 

APPELLANT’S STATEMENT THAT NO TRANSCRIPT IS NECESSARY 

Pursuant to MCR 7.204(C)(2), Appellant Minnie J Merriwether, by and through her 

attorney Jessica R. Maas, states that there are no proceedings or hearings in the lower tribunal 

case that require transcription for this appeal. The appeal is limited to the record as documented 

by written pleadings and orders. 

Respectfully submitted, 

Date: 12/11/2025 

By: /%/ Qeasica £ Wace 

Jessica R. Klaas (P77996) 

MAP/Legal Services of South Central Michigan 

Attorney for Appellant

Michigan Court of Appeals 

Lower Court/Tribunal: Michigan Tax Tribunal 

Jurisdictional Checklist 

25-003651-TT 

Lower Court Case No.: 

Case Name: Minnie J Merriwether v. City of Lansing 

INSTRUCTIONS: For a civil claim of appeal, please complete the following statements. 

[SELECT ONE] An appeal of right may be filed because the order is: 

MCR 7.203(A) 

[1] 

A final order of the circuit court under MCR 7.202(6). Specify subsection: 

] 

A probate court order that falls within MCR 5.801(A). Specify subsection: 

MCL 205.753(1) 

Appealable as of right by law or court rule. Specify law or rule: 

[SELECT ONE] This claim of appeal is timely because it is being filed: 

MCR 7.204(A) 

1] 

Within 21 days from entry of the order appealed from (as identified above). 

Within 21 days of an order deciding a motion for new trial, rehearing, reconsideration, or other relief from 

the order appealed, and the postjudgment motion was filed within 21 days of the order appealed from. 

[] 

Other: 

INSTRUCTIONS: Please complete the checklist and file with your claim of appeal. 

Failure to file all required documents and requisite fees may result in rejection of 

MCR 7.201(B}(2) 

your claim of appeal. 

A signed claim of appeal. The caption must fist all of the parties in each lower court 

MCR 7.204(B)(1) & (D) 

case appealed. 

2 

A copy of the order you are appealing (as identified in Jurisdiction section). 

MCR 7.204(C)(1) 

£ 

An official current register of actions from the lower court or tribunal showing entry 

MCR 7.204(C)(5) 

@ 

of the order appealed. 

5 

The filing fee or exception (example: motion to waive fees). 

MCR 7.202(3), 

oT 

MCR 7.204(B)(2) 

~ 

Evidence of the transcript (Select one): 

MCR 7.204(C)2) 

5 

] The complete transcript has been ordered. 

MCR 7.210(B)}(1)(a) 

No transcript will be filed. 

MCR 7.204(C)(2)

Proof of Service 

Note: Use this form to show that you have given a copy of the documents that you filed with the Court to 

the other parties to your case. This is called serving the documents. Use the MIFILE system to e-serve 

any e-filed documents. 

® 

® 

® 

© 

J 

Wz 

CITES 

\\ 

Case Name: Minnie J Merriwether v. City of Lansing 

Lower Court Case Number: MTT Docket No. 25-003651-TT 

Court of Appeals Case Number: 

Name of the Documents 

| Served: 

(1) Claim of Appeal (2) Order of Dismissal dated October 23, 2025 (3) Order Denying Petitioner's 

Motion for Reconsideration dated November 25, 2025 (4) Case Register of Actions (5) Motion to 

Waive Fees (6) Statement Regarding Transcript (7) Jurisdictional Checklist (8) Proof of Service 

How 

| Served the Documents: 

BX 

Mail 

[] 

Personal Service 

[] Alternative Electronic Service, as allowed by MCR 2.107(C)(4) 

[[] The required stipulation is attached to this filing or is already filed in the Court of Appeals. 

Date 

| Served the Documents: 12/11/2025 

Names of the People 

| Served and the Addresses Where 

| Served Them: 

Gregory S. Venker 

Office of the City Attorney 

124 W. Michigan Avenue, FI 5 

Lansing, MI 48933 

Michigan Tax Tribunal 

PO Box 30232 

Lansing, Mi 48909

Legal Services of South Central Michigan 

3490 Belle Chase Way, #50 

Lansing, MI48911

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