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25-002826_Recon deny.pdf

Marion A Mills, Petitioner V City Of Port Huron, Respondent · 25-002826-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 

Marion A Mills, 

MICHIGAN TAX TRIBUNAL 

 

Petitioner, 

SMALL CLAIMS DIVISION 

 

v 

 

MTT Docket No. 25-002826 

 

City of Port Huron, 

 

Presiding Judge 

Respondent. 

 

Marcus L. Abood 

 

ORDER DENYING PETITIONER’S MOTION FOR RECONSIDERATION 

 

On October 14, 2025, Petitioner filed a motion requesting that the Tribunal reconsider 

the Order of Dismissal entered in this case on October 10, 2025. In the motion, 

Petitioner states that Tribunal committed a palpable error by finding, without a hearing, 

that the Refuse Billing Rate was not a tax rather than a fee. Petitioner argues that, 

unlike Respondent’s water and sewer bills, the charge at issue in this case appears on 

Petitoiner’s property tax bill. On the property tax bill for the subject property, the charge 

is listed as "Refuse Billing Rate," and is not described as a fee. The charge replaced a 

3-mill refuse tax that Petitioner did not have to pay previously because this millage is 

exempted based on the Disabled Veteran's Exemption applied to the subject property. 

In further support, Petitioner cites Bolt v City of Lansing1 as establishing the test for 

whether it is a charge or a tax. According to Petitioner, the Refuse Billing Rate at issue 

in this case meets all three of the criteria set forth in Bolt. Because the Refuse Billing 

Rate functions as a tax, it should have been considered a property tax under Michigan 

law and exempted by the Disabled Veteran’s Exemption applied to the subject property. 

Therefore, the Tribunal erred in dismissing the above-referenced appeal. 

 

The Tribunal has considered the motion and the case file and finds that Petitioner is 

merely restating the arguments and evidence previously presented. Procedurally, the 

Order of Dismissal stated that “Petitioner was held in default on September 9, 2025, 

because Petitioner filed the wrong petition for the issue under appeal and failed to file a 

copy of the notice giving rise to the appeal, i.e. Disabled Veterans Exemption denial 

notice.” The Order of Dismissal also noted that, while Petitioner attempted to cure the 

default on September 12, 2025, the attempt was incomplete in as much as Petitioner 

filed an outdated petition and did not include a copy of the formal denial notice. Despite 

Petitioner’s assertions to the contrary, Petitioner did not file an updated petition form. 

Instead, the form that was submitted indicated it was revised in February 2010, and 

contained references to the Department of Energy, Labor & Economic Growth, a 

department within the executive branch that has not existed since 2011.2 The amended 

petition form also included a non-working telephone number rather than the Tribunal’s 

 

1 Bolt v City of Lansing, 459 Mich 152 (1998). 

2 2011, E.R.O. No. 2011-4, Eff. Apr. 25, 2011

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MTT Docket No. 25-002826 

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correct telephone number. Although Petitioner indicated that the form utilized is 

available on the Tribunal’s website, Petitioner is incorrect in such an assertion. 

 

Furthermore, MCL 205.731(a) states that the Tribunal has exclusive and original 

jurisdiction over “[a] proceeding for direct review of a final decision, finding, ruling, 

determination, or order of an agency relating to assessment, valuation, rates, special 

assessments, allocation, or equalization, under the property tax laws of this state.” TTR 

279(3) provides that, “[f]or property tax contested cases, a copy of the notice giving rise 

to the appeal, including, but not limited to, notice of board of review action, notice of 

taxable value uncapping, or notice denying a principal residence exemption, must be 

submitted with the petition.” Although Petitioner acknowledged providing an email from 

the assessor, the email itself only provided certain background information about the 

requests submitted to the July Board of Review and confirmed that Petitioner received 

an exemption under MCL 211.7b going back to 2019. The email itself did not indicate it 

was a denial, reference Petitioner’s appeal rights, or otherwise indicate that the email 

constituted a final determination as to Petitioner’s claims. Thus, Petitioner failed to cure 

the default as directed. 

 

Even if, as asserted by Petitioner, the charge at issue should be considered a tax under 

Bolt v City of Lansing, the Order of Dismissal recognized that Petitioner did not appear 

before a Board of Review to protest the charge….” Here, a protest to the Board of 

Review is a prerequisite to invoking the Tribunal’s jurisdiction under MCL 205.735a. A 

final decision of the BOR is a prerequisite for invoking the Tribunal’s jurisdiction,3 and 

Petitioner’s failure to complete the prerequisite step is a failure to invoke the Tribunal’s 

statutory jurisdiction over this proceeding.4 In Sixarp, the Michigan Supreme Court 

reiterated previous appellate decisions in its reasoning that the Tribunal’s jurisdiction is 

statutory by nature. The Court stated: 

 

MCL 205.735a(3) “is not a notice statute, but is a jurisdictional statute that 

governs when and how a petitioner invokes the Tax Tribunal’s jurisdiction.” 

We therefore overrule Parkview5 to the extent that it incorrectly held that the 

protest requirement of . . . the precursor to MCL 205.735a . . . is a mere 

“procedural requirement for perfecting an appeal in the Tax Tribunal” and 

not an express limitation on the MTT’s jurisdiction. Instead, the protest 

requirement of MCL 205.735a(3) may only be waived by the court if 

necessary to remedy a constitutional due-process violation that deprived 

the taxpayer of their ability to invoke the right to protest.6 

 

The Tribunal finds that the same reasoning relied upon by the Sixarp court is applicable 

in this case. The Tribunal has no equitable power to disregard a statutory filing 

 

3 See MCL 205.731. 

4 See Sixarp, LLC v Byron Twp, __Mich __; __ NW3d __ (2025) (Docket No 166190) at 8 (Sixarp). 

5 Parkview Memorial Ass’n v City of Livonia¸ 183 Mich App 116; 454 NW2d 169 (1990). 

6 See Sixarp at 8. (Citations omitted).

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MTT Docket No. 25-002826 

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deadline.7 “[S]imply because the plaintiffs' underlying claim has a constitutional 

dimension, and may even be meritorious, does not excuse the plaintiffs' failure to assert 

their claim within the applicable statutory period of limitation.8 

 

Given the above, 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.9 Therefore, 

 

IT IS ORDERED that Petitioner 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. 

 

 

 

 

 

 

By

 

 

Entered: December 17, 2025 

smm 

 

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 

 

7 The Tribunal’s powers are limited to those authorized by statute and do not include powers of equity. 

See Federal-Mogul Corp v Dep’t of Treasury, 161 Mich App 346 (1987), Elec Data Sys Corp v Flint Twp, 

253 Mich App 538 (2002), and VanderWerp v Plainfield Twp, 278 Mich App 624 (2008). 

8 See Szymanski v City of Westland, 420 Mich 301, 303; 362 NW2d 224, 225 (1984). 

9 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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