25-002467 Sever Def.pdf
Tommy D LLC, Petitioner V City Of Farmington, Respondent · 25-002499-TT
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 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 Community Property LLC, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION Tommy D LLC, Petitioner, v MTT Docket Nos. 25-002467 & 25-002499 City of Farmington, Presiding Judge Respondent. Patricia L. Halm ORDER SEVERING PARCEL NO 20-23-26-357-023 TO DOCKET NO 25-002499 ORDER UPDATING DOCKET NO 25-002467 ORDER HOLDING PETITIONER IN DEFAULT IN DOCKET NO 25-002467 ORDER HOLDING PETITIONER IN DEFAULT IN DOCKET NO 25-002499 The Tribunal has reviewed the file in this case and finds that a petition was filed on May 16, 2025, naming Tom Dedvukaj as Petitioner in the uncapping appeal for Parcel Nos. 20-23-26-357-029 and 20-23-26-357-023. The petition indicates that the parcels are contiguous. The petition also includes attachments of the Board of Review decisions for both parcels. Those decisions indicate that Tom Dedvukaj is not the named owner for either appealed parcel. Those decisions indicate that each appealed parcel is owned by a different entity. The Tribunal finds that the parcels, while purportedly contiguous, cannot be filed in a single appeal because each party in interest, as Petitioner, is required to file a separate petition. Although the parties are commonly represented, each parcel has only one indicated party in interest eligible to file a petition as the property owner.1 “Party in interest” refers to a person or entity with a property interest in the property being assessed, and “property interest” is “a legal share in something and “all or part of a legal or equitable claim to or right in property.”2 Accordingly, the Tribunal shall sever Parcel No. 20-23-26-357-023 into a separate docket. A separate additional petition filing fee is due as a result of the severance.3 Further, because Tom Dedvukaj is not a party in interest for either appeal, an amended 1 See MCL 205.735a(6). 2 See Spartan Stores Inc v City of Grand Rapids, 307 Mich App 565, 575-576 and fn 9 (2014). 3 TTR 223(2).
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MTT Docket No. 25-002467 & 25-002499 Page 2 of 3 petition is required for both appeals. Therefore, IT IS ORDERED that Parcel No. 20-23-26-357-023 is SEVERED to Docket No. 25- 002499. IT IS FURTHER ORDERED that Docket No. 25-002467 is UPDATED to reflect the correct party in interest. IT IS FURTHER ORDERED that Petitioner is held in DEFAULT in Docket No. 25- 002467. IT IS FURTHER ORDERED that Petitioner shall cure the default in Docket No. 25- 002467 by filing an amended petition within 14 days of entry of this order. The amended petition shall indicate that Community Property LLC is the party in interest for Parcel No. 20-23-26-357-029. IT IS FURTHER ORDERED that Petitioner is held in DEFAULT in Docket No. 25- 002499. IT IS FURTHER ORDERED that Petitioner shall cure the default in Docket No. 25- 002499 by filing a severed petition and additional $200.00 petition filing fee within 14 days of the entry of this order.4 The severed petition shall indicate that Tommy D LCC is the party in interest for Parcel No. 20-23-26-357-023. 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 a “Severed Petition.” Failure to comply with this order in Docket No. 25-002467 will result in Petitioner being required to file a motion to set aside the default (with appropriate filing fee).5 Failure to comply with this order in Docket No. 25-002499 will result in the dismissal of that case.6 Entered: June 25, 2025 By _____________________________ bw/am 4 Petitioner paid a $300.00 petition filing fee in Docket No. 25-002467. The petition filing fee owed for Parcel No. 20-23-26-357-029 is $250.00. See TTR 223(2)(a)(ii). Therefore, $50.00 of the fee paid on May 16, 2025, is transferred to Docket No. 25-002499. The petition filing fee on Docket No. 25-002499 is also $250.00 under TTR 223(2)(a)(ii). See also TTR 269. 5 See TTR 237(1). 6 Id.
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MTT Docket No. 25-002467 & 25-002499 Page 3 of 3 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