24-003623 Albion Ave Properties v City of Albion - Set Aside Default.pdf
Albion Ave Properties, Petitioner V City Of Albion, Respondent · 24-003623-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 Albion Ave Properties, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003623 City of Albion, Presiding Judge Respondent. Patricia L. Halm ORDER GRANTING PETITIONER’S MOTION TO SET ASIDE DEFAULT On November 15, 2025, Petitioner filed a motion requesting the Tribunal set aside the default entered in this case on October 3, 2024.1 Respondent has not filed a response to the motion. The Tribunal has considered the motion and the case file and finds that Petitioner was held in default because the Petition was not signed by Petitioner, and Petitioner’s authorized representative failed to complete section two of the Small Claims Petition form. Petitioner failed to respond and the Tribunal entered an order extending the time to cure on November 6, 2024. Having now filed the completed Small Claims Petition form, Motion to Set Aside Default, paid the required motion filing fee, and submitted a proof of service evidencing that the Motion to Set Aside Default was served on Respondent, Petitioner has complied with the Tribunal’s orders as required by TTR 231. As such, the Tribunal finds good cause to grant the motion and set aside the default. Therefore, IT IS ORDERED that Petitioner’s Motion to Set Aside Default is GRANTED. Entered: December 23, 2024 By _____________________________ smm 1 While Petitioner’s Motion to Set Aside Default incorrectly listed the Petitioner as Heritage Ave Properties LLC, the docket number for this appeal was accurately identified in the Motion to Set Aside Default. Additionally, the accompanying documentation filed along with the Motion to Set Aside Default referenced the appropriate named Petitioner in this case.
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MTT Docket No. 24-003623 Page 2 of 2 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