24-003953 Recon.pdf
Reginald Johnson, Petitioner V City Of Detroit, Respondent · 24-003953-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 Reginald Johnson, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003953 City of Detroit, Presiding Judge Respondent. Mark Perry ORDER DENYING PETITIONER’S MOTION FOR RECONSIDERATION On November 13, 2024, Petitioner filed a motion requesting that the Tribunal reconsider the Order of Dismissal (order) entered in this case on October 23, 2024. In the motion, Petitioner states they were late to file the petition because they were out of town when it was received. The Tribunal has considered the motion and the case file and finds that it has no authority to reinstate the case. Petitioner did not meet the statutory filing deadline for Respondent’s exemption determination.1 The Tribunal has no equitable power to waive or otherwise disregard a statutory filing deadline, and as a result, it has no authority to grant Petitioner the relief requested.2 Given the above, Petitioner has failed to demonstrate a palpable error relative to the order that misled the Tribunal and the parties and that would have resulted in a different disposition if the error was corrected.3 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 1 See MCL 211.53c. The petitioner also was not filed within 35 days of the date of the notice as indicated on the notice. 2 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). 3 See MCR 2.119.
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MTT Docket No. 24-003953 Page 2 of 2 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: December 13, 2024 By _____________________________ bw/jcr 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