24-003576 Default Hearing Order (post-extension no response).pdf

Keith M Van Tubergen, Barbara J Van Tubergen, Petitioners V Township Of Troy, Respondent · 24-003576-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 

Keith M Van Tubergen, 

MICHIGAN TAX TRIBUNAL 

Barbara J Van Tubergen, 

SMALL CLAIMS DIVISION 

 

Petitioners, 

 

 

v 

 

MTT Docket No. 24-003576 

 

Troy Township, 

 

Presiding Judge 

Respondent. 

 

Patricia L. Halm 

 

ORDER FOR DEFAULT HEARING 

 

The Tribunal has considered the file in this case and finds that Respondent was placed 

in default on November 20, 2024, because Respondent failed to file an answer. The 

Tribunal extended the time for Respondent to cure the default by an additional 14 days 

on January 7, 2025, because although Respondent responded to the default, their 

attempt to cure was incomplete as the answer was left unsigned. Respondent has failed 

to respond to the Order Extending Default. Thus, Respondent has not complied with 

either order and the latter stated that “failure to comply with this Order may result in the 

scheduling of a default hearing . . .” and referenced Grimm v Dep’t of Treasury.1 In 

Grimm, the Michigan Court of Appeals summarized factors that the Tribunal should 

consider before imposing the sanction of dismissal. Those factors are: 

 

(1) whether the violation was wilful or accidental; (2) the party's history of 

refusing to comply with previous court orders; (3) the prejudice to the 

opposing party; (4) whether there exists a history of deliberate delay; (5) 

the degree of compliance with other parts of the court's orders; (6) 

attempts to cure the defect; and (7) whether a lesser sanction would better 

serve the interests of justice.2 

 

Though Grimm was specific to dismissal, the cases cited by the Court and the 

reasoning behind its adoption of the factors set forth therein are not so narrow. The 

factors apply equally to default judgements, or in the case of the Tribunal proceedings, 

the conducting of a default hearing.3 Respondent in this case has failed to respond to 

multiple orders and given this failure, the Tribunal finds that its violation was willful. It 

also establishes a history of deliberate delay and refusing to comply with Tribunal 

orders, both of which have prejudiced Petitioners. As a result, giving careful 

consideration to the factors involved and considering all options in determining what 

 

1 Grimm v Dep’t of Treasury, 291 Mich App 140 (2010). 

2 Id. at 149. 

3 See Bass v Combs, 238 Mich App 16 (1999), overruled in part on other grounds by Dimmitt & Owens 

Fin, Inc v Deloitte & Touche (ISC), LLC, 481 Mich 618 (2008), Vicencio v Ramirez, 211 Mich App 501 

(1995), and Traxler v Ford Motor Co, 227 Mich App 276 (1998).

MTT Docket No. 24-003576 

Page 2 of 2 

 

sanction is just and proper, the Tribunal finds that scheduling a default hearing is 

appropriate, and a lesser sanction would not better serve the interests of justice. 

Therefore, 

 

IT IS ORDERED that a default hearing shall be scheduled in the normal course. 

 

 

Entered: February 11, 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

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