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24-003388 vacate.pdf

Fs Associates LLC, Petitioner V City Of Detroit, Respondent · 24-003388-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 

FS Associates LLC, 

MICHIGAN TAX TRIBUNAL 

 

Petitioner, 

SMALL CLAIMS DIVISION 

 

v 

 

MTT Docket No. 24-003388 

 

City of Detroit, 

 

Presiding Judge 

Respondent. 

 

Patricia L. Halm 

 

ORDER VACATING SEPTEMBER 10, 2024 NOTICE OF NO ACTION 

 

ORDER VACATING SEPTEMBER 16, 2024 ORDER OF DEFAULT 

 

ORDER VACATING SEPTEMBER 16, 2024 ORDER OF PARTIAL DISMISSAL 

 

ORDER VACATING OCTOBER 22, 2024 ORDER EXTENDING TIME TO CURE 

DEFAULT 

 

NOTICE OF NO ACTION 

 

ORDER HOLDING PETITIONER IN DEFAULT 

 

ORDER OF PARTIAL DISMISSAL 

 

The Tribunal has considered the file in this case and finds that it erred in issuing the 

Notice of No Action entered in this case on September 10, 2024, the Order of Default 

and Order of Partial Dismissal entered on September 16, 2024, and the Order 

Extending Time to Cure Default entered on October 22, 2024, as the referenced notice 

and orders were not sent to Petitioner’s authorized representative at his email address 

of record. The Tribunal also erred in failing to identify and hold Petitioner in default for 

all of the deficiencies in the submitted Petition. As such, the notice and orders shall be 

vacated and reissued as appropriate. 

As a result, the parties shall TAKE NOTICE that Section 2 of the Small Claims Petition 

form filed in this case identifies an authorized representative for Petitioner, Lawrence 

Jackier. Mr. Jackier did not sign the Petition, as required by TTR 223, and as such, Mr. 

Jackier has not appeared on behalf of Petitioner. An appearance must be filed, and 

until the required appearance is filed, the answer, evidence, and all other 

documentation filed in this case must be served on Petitioner and Mr. Jackier. 

More importantly, it appears that the appeal is not properly pending in the Small Claims 

Division based on the classification of the property at issue and the indicated amount in

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MTT Docket No. 24-003388 

Page 2 of 3 

 

dispute.1 To that end, the Petition indicates that the property is classified as 

commercial, and that the State Equalized Value (SEV) in dispute is $164,850.2 

Because the SEV in dispute exceeds $100,000, the appeal must be filed in the Entire 

Tribunal. If the indicated amount in dispute is incorrect, Petitioner may file an amended 

Small Claims Petition identifying a revised amount in dispute with documentation 

evidencing the basis for the revised values. Finally, Petitioner failed to pay the required 

filing fee for the appeal. Based on the classification of the property and indicated 

amount in dispute, the required Entire Tribunal filing fee is $400.00. Petitioner only paid 

$200.00, so the remaining fee due for the filing of an Entire Tribunal Petition is $200.00. 

The filing fee for commercial property in the Small Claims Division is $250.00, so an 

additional fee of $50.00 would be required if the appeal stays in that division. 

Petitioner’s classification appeal was properly dismissed, as such appeals must be filed 

with the State Tax Commission.3 Therefore, 

IT IS ORDERED that the September 10, 2024 Notice of No Action is VACATED. 

 

IT IS FURTHER ORDERED that the September 16, 2024 Order of Default is 

VACATED. 

 

IT IS FURTHER ORDERED that the September 16, 2024 Order of Partial Dismissal is 

VACATED. 

 

IT IS FURTHER ORDERED that the October 22, 2024 Order Extending Time to Cure 

Default is VACATED. 

 

IT IS FURTHER ORDERED that Petitioner is held in DEFAULT. 

 

IT IS FURTHER ORDERED that Petitioner must complete the following to cure the 

default: (1) file an Entire Tribunal Petition OR a complete, amended Small Claims 

Petition, and (2) pay the remaining fee due for the filing of the Petition. The foregoing 

must be filed with the Tribunal within 14 days of entry of this Order.4 

 

 

1 See MCL 205.762. 

2 The Petition indicates the current SEV is $229,800, and that Petitioner contends that the SEV should be 

$64,950. 

3 See MCL 211.34c. 

4 “A submission by mail is considered filed on the date indicated by the United States Postal Service 

postmark on the envelope containing the submission. A submission without a postmark or with an illegible 

postmark is considered filed on the date the submission is received by the tribunal. A submission by 

commercial delivery service is considered filed on the date the submission is given to the commercial 

service for delivery to the tribunal as indicated by the receipt date on the package containing the 

submission. A submission by personal service is considered filed on the date the submission is received. 

A submission through the tribunal’s e-filing system by 11:59 p.m. on a business day is considered filed on 

that business day. A submission by email to the email address designated by the tribunal by 11:59 p.m. 

on a business day is considered filed on that business day. A submission on a Saturday, a Sunday, or a 

holiday is considered filed on the following business day, as provided by section 35a of the tax tribunal 

act, MCL 205.735a.” TTR 219(5).

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MTT Docket No. 24-003388 

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IT IS FURTHER ORDERED that Petitioner’s classification appeal is DISMISSED. 

 

Failure to comply with this Order will result in Petitioner being required to file a motion to 

set aside the default (with appropriate filing fee). 

 

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 7, 2024 

 

 

By _____________________________ 

ejg/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 provide by those parties, attorneys, or authorized 

representatives. 

 

By: Tribunal Clerk

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