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25-003130 Reconsideration Deny.pdf

Crockery Creek Turkey Farms, Petitioner Vs. Township Of Sheridan, Respondent · 25-003130-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 

Crockery Creek Turkey Farms, 

MICHIGAN TAX TRIBUNAL 

 

Petitioner, 

 

 

v 

 

MTT Docket No. 25-003130 

 

Sheridan Township, 

 

Presiding Judge 

Respondent. 

 

Jason C. Grinnell 

 

ORDER DENYING PETITIONER’S MOTION FOR RECONSIDERATION 

 

On August 29, 2025, Petitioner filed a motion requesting that the Tribunal reconsider the 

Order of Dismissal entered in this case on August 11, 2025. In the motion, Petitioner 

states that their method of filing was compliant with MCL 205.735a as postage was paid 

and the filings were deposited with the United States Postal Service (USPS) timely on 

July 31, 2025. Petitioner asserts that utilizing the delivery date rather than the mailing 

date to determine the date of filing violates the Equal Protection Clauses of the United 

States and Michigan Constitutions as filings without postmarks are treated differently 

than those with a black postmark stamp. Further, this matter is distinguishable from 

Arbor Crossings Apt LLC v Muskegon Twp1, as the petition in Arbor Crossings was 

postmarked after the filing date while the subject petition did not receive a postmark. 

 

The timing requirements of MCL 205.735a(6) are jurisdictional.2 In other words, the Tax 

Tribunal’s jurisdiction may only be invoked by a petition that complies with the timing 

requirements of MCL 205.735a(6).3 The powers of the Tax Tribunal are derived from 

statute, and the Tax Tribunal lacks powers in equity, including the ability to consider an 

untimely petition. 4 

 

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.5 Pursuant to MCL 205.735a(7)(a), “a petition is considered filed on 

or before the expiration of the time period provided in this section or by law if . . . . [it] is 

 

1 Arbor Crossings Apt LLC v Muskegon Twp, unpublished per curiam opinion of the Court of Appeals, 

issued October 26, 2017 (Docket No. 334318) (Arbor Crossings). 

2 Electronic Data Sys Corp v Twp of Flint, 253 Mich App 538, 543-544; 656 NW2d 215 (2002). 

3 Id. 

4 Id. See also VanderWerp v Plainfield Charter Twp, 278 Mich App 624, 634; 752 NW2d 479 (2008). 

5 See MCR 2.119(F)(3). A palpable error is one that is “easily perceptible, plain, obvious, readily visible, 

noticeable, patent, distinct, or manifest.” Luckow v Luckow, 291 Mich App 417, 426 (2011) (quotation 

marks and citation omitted).

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MTT Docket No. 25-003130 

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postmarked by the [USPS] on or before the expiration of that time period.”6 The 

envelope containing the petition in this case, however, bears a metered postmark, and it 

therefore was not “postmarked” by the USPS as provided by MCL 205.735a(7)(a). This 

determination was affirmed by the Court of Appeals in Arbor Crossings Apt LLC v 

Muskegon Twp,7: 

 

The operative language of the statute is ‘postmarked by the United States 

postal service.’ Thus, the statute unambiguously treats ‘postmarked’ as a 

verb, or in other words, an action undertaken by the USPS. Petitioners rely 

on treating the word as a noun, which would impermissibly rewrite the 

statute to read something in effect, ‘bearing a postmark from the United 

States postal service.’ Although perhaps a subtle distinction, we are not 

permitted to deviate from what the Legislature actually wrote. ‘Postmark,’ 

when used as a verb, means ‘to put a postmark on.’ Merriam–Webster's 

Collegiate Dictionary (11th ed). Consequently, the statute unambiguously 

requires the postmark to have been applied ‘by the United States postal 

service.’ 

 

We conclude that it was not, and petitioners do not appear to seriously 

contend that it was so applied. A postage meter is ‘a device or system of 

components a customer uses to print evidence that postage required for 

mailing has been paid.’ . . . . Postage meters imprint postage under license 

of the USPS . . . and are regulated by the USPS to ensure they are properly 

used . . . . Thus, the petition in this case could not have literally been 

‘postmarked’ by the USPS because it was postmarked by petitioners. At 

best, the petition was postmarked under license of the USPS. The statute 

unambiguously mandates that only petitions that are ‘postmarked by the 

United States postal service’ fall within the provisions of MCL 

205.735a(7)(a).8 

 

Petitioner’s attempt to distinguish this matter from Arbor Crossings is without merit. 

While Petitioner asserts that the lack of a postmark from USPS on the subject filing 

distinguishes the present matter from Arbor Crossings, this does not negate the fact that 

the subject filing and the Arbor Crossings filing both bore meter postmarks the day of 

the filing deadline and were not considered filed as of that date.9 

 

Moreover, Petitioner’s claims regarding violations of the Equal Protection Clauses are 

similarly without merit. MCL 205.735a(7) is clear that mail is considered filed as of the 

date it is postmarked by the USPS. All filings postmarked by the USPS are treated the 

same. As established in Arbor Crossings, metered postmarks are differentiated from 

postmarks made by USPS and warrant different treatment, as required by MCL 

 

6 Id. See also TTR 225(5), which states, in relevant part, that “[a] submission by mail is considered filed 

on the date indicated by the United States Postal Service postmark on the envelope containing the 

submission.” Id. 

7 Supra, Note 1. 

8 Id. 

9 Id. at 1.

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MTT Docket No. 25-003130 

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205.735a(7). Further, even if Petitioner’s Equal Protection Clauses claim had merit, the 

Tribunal would not be able to grant the requested relief as Petitioner failed to invoke the 

jurisdiction of the Tribunal, which the Tribunal has no equitable power to disregard.10 

 

TTR 225(5) states that “[a] submission without a postmark or with an illegible postmark 

is considered filed on the date the submission is received by the tribunal.”11 The petition 

in this case was date-stamped by the Tribunal on August 6, 2025, but bears a money 

stamp date of August 4, 2025, which is considered the date received by the Tribunal for 

purposes of TTR 225(5). As such, and inasmuch as the petition was not filed until 

August 4, 2025, the appeal is untimely and was properly dismissed. Therefore, 

 

IT IS ORDERED that Petitioner’s Motion for Reconsideration is DENIED. 

 

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

 

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: September 11, 2025 

 

By _______________________________ 

cs/jcg 

 

 

 

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 

 

 

 

 

10 See SixArp, LLC v Byron Twp, __ NW3d __ (Michigan Supreme Court Docket No 166190) (2025) at 8 

(SixArp). See also, Federal-Mogul Corp v Dep’t of Treasury, 161 Mich App 346 (1987). 

11 See TTR 225.

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