23-000849 amend.pdf
300 Mill St LLC, Petitioner Vs. City Of Cheboygan, Respondent · 24-003573-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 300 Mill St LLC, MICHIGAN TAX TRIBUNAL Petitioner, v MTT Docket No. 23-000849 City of Cheboygan, Presiding Judge Respondent. Marcus L. Abood ORDER GRANTING PETITIONER’S MOTION TO AMEND ORDER SEVERING 2024 TAX YEAR AND ASSIGNING IT TO DOCKET NUMBER 24-003573 NOTICE OF NO ACTION NOTICE OF TELEPHONIC STATUS CONFERENCE On May 31, 2024, Petitioner filed a motion requesting that the Tribunal permit it to amend the petition filed in this case to include tax year 2024. Respondent has not filed a response to the motion. The Tribunal has considered the motion and the case file and finds that Petitioner timely filed its Motion to Amend, included the necessary information and filing fee, and otherwise met all requirements set forth in MCL 205.737 and MCL 205.735a. Due to the stage in which this case is at, however, and in the interest of judicial efficiency, the 2024 tax year shall be severed from this case and assigned to a new docket number. The Tribunal further finds that an Order for Default Hearing was entered in this case on January 11, 2024, because Respondent failed to file an answer to the petition, as required by TTR 229, or respond to the default orders entered on July 20, 2023, October 18, 2023, and December 11, 2023. Though Respondent subsequently filed an answer on September 20, 2024, the filing is untimely. Further, Respondent has failed to file a motion to set aside default with the appropriate filing fee or otherwise shown good cause to set aside the default, as required by the Tribunal’s orders. As such, Respondent remains in default and no action will be taken on the answer. A telephonic status conference has been scheduled as set forth herein for the purpose of discussing the processing of the case for a default hearing. Therefore, IT IS ORDERED that Petitioner’s Motion to Amend is GRANTED.
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MTT Docket No. 24-000849 Page 2 of 2 IT IS FURTHER ORDERED that Petitioner’s assessment appeal for the 2024 tax year is SEVERED and ASSIGNED to Docket No. 24-003573. IT IS FURTHER ORDERED that Petitioner shall file a petition for the 2024 tax year within 21 days of the entry of this Order. The petition shall note the docket number assigned by the Tribunal for the 2024 tax year and if filed utilizing the Tribunal’s e-filing system, must be filed on the assigned 2024 docket as a “Severed Petition.”1 IT IS FURTHER ORDERED that NO ACTION shall be taken on the answer filed by Respondent in this case. IT IS FURTHER ORDERED that a telephonic status conference has been scheduled to commence in this case on October 14, 2024 at 10:00 AM EST. IT IS FURTHER ORDERED that the status conference will be conducted telephonically. The parties’ participation in the status conference shall be initiated by calling 1-248-509-0316 and using access code 412112628. Failure to be logged into the proper conference line at the time of the status conference will be considered a failure to appear. Failure to comply with this Order may result in Petitioner being held in default, as provided by TTR 231. By Entered: September 30, 2024 ejg/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 provide by those parties, attorneys, or authorized representatives. By: Tribunal Clerk 1 Alternatively, the petition may be downloaded from the Tribunal’s website and mailed to the Tribunal via United States Postal Service at: Michigan Tax Tribunal, PO BOX 30232, Lansing, MI 48909. The petition may also be delivered to the Tribunal via overnight carrier (UPS, FedEx, or DHL) at: Michigan Tax Tribunal, 2nd Floor MTT, 2407 N. Grand River Avenue, Lansing, MI 48933.