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2025.12.17 Response to MTT Order & Mt to Dismiss.pdf

Robert K Haag, Petitioner V Township Of Fair Haven, Respondent · 24-003977-TT

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Page 1

STATE OF MICHIGAN 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MICHIGAN TAX TRIBUNAL 

 

ROBERT K. HAAG, 

 

 

Petitioner, 

 

v 

 

TOWNSHIP OF FAIRHAVEN, 

 

 

Respondent. 

MTT DOCKET No. 24-003977 

 

PARCEL NO. 3208-013-005-50 

 

 

______________________________________/ 

 

Robert K. Haag 

In pro per 

10605 Canboro Road 

Sebewaing, MI 48759 

(989) 551-1031 

 

Ross K. Bower II (P70574) 

Kyle A. O’Meara (P83075) 

Fahey Schultz Burzych Rhodes PLC 

Attorneys for Respondent 

4151 Okemos Road 

Okemos, Michigan 48864 

(517) 381-0100 

Rbower@fsbrlaw.com 

komeara@fsbrlaw.com 

 

______________________________________/ 

 

RESPONDENT’S RESPONSE TO MTT ORDER REQUIRING INFORMATION 

 

AND 

 

RESPONDENT’S MOTION TO DISMISS 

 

Respondent Fairhaven Township (the “Township”), through counsel, Fahey Schultz Burzych 

Rhodes PLC, respectfully submits this Response to the Tax Tribunal’s Order Requiring 

Information (Docket No. 15) and also requests the Tribunal to Dismiss this Appeal: 

RESPONSE TO MTT ORDER 

1. On December 5, 2025, the Tribunal entered an Order (the “MTT Order”) Requiring 

Information, requiring the Township to provide written documentation indicating whether 

the special assessment was approved by the electors. In compliance with the MTT Order, 

the official election results (attached as Exhibit A) illustrate that the special assessment

Page 2

2 

 

was 

approved 

by 

the 

electors 

by 

a 

vote 

of 

126 

to 

59. 

See 

https://www.co.huron.mi.us/elections. 

2. The MTT Order also requested the date the special assessment was approved by the 

electors. The election was held on May 6, 2025. 

MOTION TO DISMISS 

3. Further, Respondent respectfully moves for dismissal of the subject appeal, as the petition 

must be dismissed as untimely. 

4. The Special Assessment was confirmed on August 20, 2024. The resolution confirming the 

roll is dated August 20, 2024 as referenced in the Tribunal’s December 5, 2025 Order. See 

Docket Entry No. 15. 

5. Petitioner had 30 days to file an appeal after the date of confirmation (here, being August 

20, 2024). See MCL 41.726(3) and MCL 211.746. 

6. MCL 41.726(3) states that, following confirmation of the special assessment roll, “all 

assessments on that assessment roll shall be final and conclusive unless an action contesting 

an assessment is filed in a court of competent jurisdiction within 30 days after the date of 

confirmation.” 

7. MCL 211.746 states that an “owner or any person having an interest in the real property 

may file a written appeal of the special assessment with the state tax tribunal within 30 

days after the confirmation of the special assessment roll if that special assessment was 

protested at the hearing held for the purpose of confirming the roll.” 

8. The appeal period expired on September 19, 2024. Petitioner’s Petition was filed on 

September 20, 2024. See MTT Order at p 1 (finding Petitioner filed his appeal on 

September 20, 2024).

Page 3

3 

 

9. Tax Tribunal Rule 205 provides that in computing the time, the first day is excluded and 

the last day is included. In this case, the day the special assessment was confirmed (August 

20, 2024) is excluded, making the final day of the appeal period September 19, 2024. 

10. Since the Petitioner did not file this appeal until September 20, 2024, dismissal of this 

matter is appropriate under MCR 2.116(C)(7). 

11. Since there is no specific Tribunal rule governing motions for summary disposition, the 

Tribunal follows the Michigan Court Rules. See TTR 201(5). 

12. Summary disposition is appropriate under MCR 2.116(C)(7) “because Petitioner did not 

appeal the determination to affirm the special assessment roll within 30 days as required 

by statute.” See Atkinson v Burns Township (MTT Docket 23-003803) attached as Exhibit 

B. 

WHEREFORE, the Township requests that this Honorable Tribunal enter an Order (1) 

Granting Respondent’s Motion to Dismiss; (2) Dismissing this appeal; and (3) Granting such other 

and further relief to the Township as the Tribunal deems just. 

Respectfully Submitted, 

 

Fahey Schultz Burzych Rhodes PLC 

Attorneys for Respondent 

 

 

December 17, 2025 

 

 

 

_________________________________________ 

Ross K. Bower II (P70574) 

Kyle A. O’Meara (P83075) 

4151 Okemos Road 

Okemos, Michigan 48864 

(517) 381-0100

Page 4

EXHIBIT 

A

Page 5

Page: 2 of 3 

Fairhaven Township Mosquito Abatement Proposal 

Precinct 

County 

Huron County Michigan 

Fairhaven Township, Precinct 

1 

Election Day 

Total 

Huron County Michigan - 

Total 

Cumulative 

Cumulative 

Election Day 

Total 

Cumulative - Total 

County - Total 

Precinct 

County 

Huron County Michigan 

Fairhaven Township, Precinct 

1 

Election Day 

Total 

Huron County Michigan - 

Total 

Cumulative 

Cumulative 

Election Day 

Total 

Cumulative - Total 

County - Total 

Yes 

No 

59 

59 

59 

59 

5/8/2025 12:53: 

Total Votes

Page 6

C 

2% 

cohuron.mius/elections 

oo 

Note: 

The button below will take you to an external site (Google Forms) 

Take the Quiz 

Election Results 

Nov 4 2025 Official Results 

May 6th 2025 Official Results

Page 7

EXHIBIT 

B

Page 8

STATE OF MICHIGAN

 

GRETCHEN WHITMER 

GOVERNOR 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

 

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 

John D Atkinson, 

MICHIGAN TAX TRIBUNAL 

 

Petitioner, 

SMALL CLAIMS DIVISION 

 

v 

 

MTT Docket No. 23-003803 

 

Burns Township, 

 

Presiding Judge 

Respondent. 

 

Patricia L. Halm 

 

ORDER GRANTING RESPONDENT’S MOTION FOR SUMMARY DISPOSITION 

 

FINAL OPINION AND JUDGMENT 

 

INTRODUCTION 

 

On February 15, 2024, Respondent filed a motion requesting that the Tribunal enter 

summary judgment in its favor in the above-captioned case under MCR 2.116(C)(4) and 

MCR 2.116(C)(7). 

 

Petitioner did not file a response to the motion. 

 

The Tribunal has reviewed the motion and the evidence submitted and finds that 

granting Respondent’s Motion for Summary Disposition under MCR 2.116(C)(4) and 

MCR 2.116(C)(7) is warranted at this time. 

 

RESPONDENT’S CONTENTIONS 

 

In support of its motion, Respondent contends that the subject special assessment for 

ambulance services was enacted under PA 33 of 1951, MCL 41.801 et seq. Petitioner 

failed to appear at the public hearing held on October 2, 2023, and failed to appeal the 

decision within 30 days of the approval of the assessment roll. Respondent contends 

that it satisfied the notice requirement if MCL 41.801(4) by publishing newspaper notice 

on September 17 and 30, 2023.1 Respondent contends it provided notice to Petitioner 

19 days prior to the hearing by first-class mail, as required by MCL 41.724a(2) and in 

compliance with the 10-day notification requirement. Respondent contends the notice 

was mailed to Petitioner at the address listed for Petitioner in the township tax records. 

 

Respondent contends that, despite its compliance with all notice requirements, 

Petitioner failed to attend and protest at the meeting held to affirm the special 

assessment as required by MCL 211.741. Respondent states that Petitioner errs in 

considering whether the assessment notice was received and not whether Respondent 

 

1 Respondent’s motion at 3.

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MTT Docket No. 23-003803 

Page 2 of 5 

 

met the requirements to publish and mail notice correctly. Further, Respondent 

contends that Petitioner did not appeal the assessment within 30 days as required by 

MCL 41.726(3). Respondent contends that the assessment was affirmed on October 2, 

2023, and that Petitioner was required to commence this proceeding no later than 

November 1, 2023. However, Petitioner did not file the petition until December 28, 

2023.2 

 

STANDARD OF REVIEW 

 

There is no specific Tribunal rule governing motions for summary disposition. Therefore, 

the Tribunal is bound to follow the Michigan Rules of Court in rendering a decision on 

such motions.3 In this case, Respondent moves for summary disposition under MCR 

2.116(C)(4) and MCR 2.116(C)(7). 

 

Dismissal under MCR 2.116(C)(4) is appropriate when the “court lacks jurisdiction of the 

subject matter.” When presented with a motion pursuant to MCR 2.116(C)(4), the 

Tribunal must consider any and all affidavits, pleadings, depositions, admissions, and 

documentary evidence submitted by the parties.4 In addition, the evidence offered in 

support of or in opposition to a party’s motion will “only be considered to the extent that 

the content or substance would be admissible as evidence to establish or deny the 

grounds stated in the motion.”5 A motion under MCR 2.116(C)(4) is appropriate where 

the plaintiff failed to exhaust its administrative remedies.6 

 

Under MCR 2.116(C)(7), the claim is barred because of “release, payment, prior 

judgment, immunity granted by law, statute of limitations, statute of frauds, an 

agreement to arbitrate or to litigate in a different forum, infancy or other disability of the 

moving party, or assignment or other disposition of the claim before commencement of 

action.” 

 

In RDM Holdings, LTD v Continental Plastics Co,7 the Michigan Court of Appeals 

addressed a motion for summary disposition filed under MCR 2.116(C)(7). In RDM, the 

court stated: 

 

[T]his Court must consider not only the pleadings, but also any affidavits, 

depositions, admissions, or other documentary evidence filed or submitted 

by the parties. The contents of the complaint must be accepted as true 

unless contradicted by the documentary evidence. This Court must 

consider the documentary evidence in a light most favorable to the 

nonmoving party. If there is no factual dispute, whether a plaintiff's claim is 

barred under a principle set forth in MCR 2.116(C)(7) is a question of law 

 

2 Respondent’s motion at 6. 

3 See TTR 215. 

4 Id. 

5 MCR 2.116(G)(6). 

6 See Citizens for Common Sense in Gov’t v Attorney Gen, 243 Mich App 43; 620 NW2d 546 (2000). 

7 RDM Holdings, LTD v Continental Plastics Co, 281 Mich App 678; 762 NW2d 529 (2008).

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MTT Docket No. 23-003803 

Page 3 of 5 

 

for the court to decide. If a factual dispute exists, however, summary 

disposition is not appropriate.8 

 

CONCLUSIONS OF LAW 

 

The Tribunal has carefully considered Respondent’s motion under MCR 2.116(C)(4) 

and MCR 2.116(C)(7) and finds that granting the motion is warranted. Respondent has 

presented unrebutted facts sufficient to demonstrate that it met the publication and 

notice requirements set by statute. It is undisputed that timely publication in the Argus 

Press newspaper took place on September 17, 2023, as well as additional publication 

on September 30, 2023.9 Notice of the special assessment proceeding was mailed to 

Petitioner at the address of record as demonstrated through documents attached to 

Respondent’s motion. The use of a different name of a legal entity was not rebutted by 

Petitioner and is presumed to be valid. 

 

Turning to the legal standards upon which Respondent relies, the Tribunal’s jurisdiction 

is set by statute and includes direct review of final decisions made under the tax laws of 

this state.10 The jurisdiction of the Tribunal “expressly includes special assessments 

under the property tax laws.”11 A motion under MCR 2.116(C)(4) is appropriate where 

the plaintiff has failed to exhaust its administrative remedies.12 Here, the unrebutted 

evidence demonstrate that Respondent effectuated notice to Petitioner in a timely 

manner and reasonably calculated to advise Petitioner of the formation of the special 

assessment district. Publication in the Argus Press newspaper was timely and 

complied with the statutory publication requirement.13 Notice mailed to Petitioner at the 

record address was also reasonably calculated to effectuate notice. 

 

Petitioner indicates in the petition that they did not protest the special assessment at the 

hearing held to confirm the special assessment roll due to “lack of communication.”14 

However, this argument was not sufficiently developed to demonstrate any contention of 

a due-process failure, and Respondent’s unrebutted facts demonstrate, in the light most 

favorable to Petitioner, that Petitioner was advised of issuance of the special 

assessment in a manner complying with law and reasonably calculated to advise them 

of their statutory duty to protest the assessment at the hearing lest be deprived of the 

opportunity to further appeal against the assessment. “Due process is satisfied when a 

taxpayer has a fair opportunity to challenge the accuracy and legal validity of their tax 

obligation and a clear and certain remedy for any erroneous or unlawful tax collection to 

ensure that the opportunity to contest the tax is a meaningful one.”15 Meaningful 

 

8 RDM Holdings, 281 Mich App at 687 (citations omitted). 

9 See Affidavit of Shirley Riley, Petitioner’s Exhibit C. 

10 MCL 205.731. 

11 Wikman v City of Novi, 413 Mich 617, 634; 322 NW2d 103, 108 (1982). 

12 See Citizens for Common Sense in Gov’t v Attorney Gen, 243 Mich App 43; 620 NW2d 546 (2000). 

13 MCL 41.804 

14 Petitioner’s petition at p 2. 

15 Oak Park Crown Pointe at 5, quoting By Lo Oil Co v Dep’t of Treasury, 267 Mich App 19, 29; 703 

NW2d 822 (2005).

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MTT Docket No. 23-003803 

Page 4 of 5 

 

opportunity was provided, and Petitioner failed to demonstrate why it failed to take 

advantage of that opportunity. The Tribunal therefore grants the motion under MCR 

2.116(C)(4). 

 

Summary disposition is also appropriate under MCR 2.116(C)(7) because Petitioner did 

not appeal the determination to affirm the special assessment roll within 30 days as 

required by statute.16 The Tribunal relies on the facts set forth above. Petitioner’s 

vague assertion, in the light most favorable to Petitioner, does not raise a due process 

issue sufficient to potentially rebut any of Respondent’s unrebutted facts. 

 

JUDGMENT 

 

IT IS ORDERED that Respondent’s Motion for Summary Disposition is GRANTED 

under MCR 2.116(C)(4) and MCR 2.116(C)(7). 

 

IT IS FURTHER ORDERED that the case is DISMISSED. 

 

This Final Opinion and Judgment resolves the last pending claim 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 

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. 

 

 

 

 

 

 

16 MCL 205.746.

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MTT Docket No. 23-003803 

Page 5 of 5 

 

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. 

 

 

 

 

 

 

 

 

 

By _____________________________ 

Entered: March 26, 2024 

bw 

 

 

 

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 provide by those parties, attorneys, or authorized 

representatives. 

 

By: Tribunal Clerk

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