25-003098 Extend Default (ET division unknown).pdf
Michael Konkel, Sue Konkel, Petitioners Vs. Township Of Case, Respondent · 25-003098-TT
Text extracted from the reviewed PDF, organized by page. OCR and reading order may contain errors; confirm details in the PDF below.
Page 1
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 Michael Konkel and Sue Konkel, MICHIGAN TAX TRIBUNAL Petitioners, v MTT Docket No. 25-003098 Case Township, Presiding Judge Respondent. Patricia L. Halm ORDER EXTENDING TIME FOR PETITIONER TO CURE DEFAULT The Tribunal has considered the file in this case and finds that it entered an order holding Petitioners in default on August 6, 2025, because Petitioners failed to pay the requisite Entire Tribunal petition filing fee.1 The order further indicated that if the intention was to file in the Small Claims division, Petitioners shall file a Small Claims petition and a copy of the notice giving rise to the appeal (i.e., notice of action taken by Board of Review). Information on Tribunal rules, filing fees and Small Claims petition forms can be found on our website at www.michigan.gov/taxtrib. Petitioners were required to cure the default within 14 days, have had ample time to comply, and have failed to respond or submit the required filings. Though the Tribunal finds an extension of time to cure the default appropriate, Petitioners’ failure to comply with Tribunal orders and its Rules of Practice and Procedure has established a history of deliberate delay that would justify the dismissal of the case for failure to timely comply with this order.2 Therefore, IT IS ORDERED that the time for Petitioners to cure the default is EXTENDED. IT IS FURTHER ORDERED if Petitioners wish to remain in the Entire Tribunal Division, Petitioners must complete the following to cure the default: (1) pay the required filing fee for the filing of the Entire Tribunal petition, (2) file a Motion to Set Aside Default, (3) pay the $50.00 fee required for the filing of the motion. Unfortunately, the payment of the required filing fee may not be made via e-filing. IT IS FURTHER ORDERED that if Petitioners intend to file in the Small Claims Division, Petitioners must complete the following to cure the default: (1) file a Small Claims Petition for Valuation Appeal, (2) file a Motion to Set Aside Default; and (3) pay the $50.00 fee required for the filing of the motion and the $125.00 1 The order further stated, “Failure to comply with this order will result in the defaulted party being required to file a motion to set aside the default (with appropriate filing fee).” 2 See Grimm v Dep’t of Treasury, 291 Mich App 140 (2010).
Page 2
MTT Docket No. 25-003098 Page 2 of 2 filing fee for the filing of the petition, if applicable.3 IT IS FURTHER ORDERED the petition shall note the docket number assigned by the Tribunal and if filed utilizing the Tribunal’s e-filing system, must be filed on the assigned docket number as an “Amended Petition.” IT IS FURTHER ORDERED that upon entry of the amended Small Claims petition, if any, the Tribunal shall issue a Small Claims Notice of Docket. The foregoing must be filed with the Tribunal within 14 days of the entry of this order. Failure to comply with this order may result in the dismissal of the case, as provided by TTR 237.4 Entered: September 4, 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 3 “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 225(5). 4 See also MCL 205.732.