25-003840 Extend Default_.pdf

Mohd A Musawir, Petitioner V City Of Warren, Respondent · 25-003840-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 

Mohd A Musawir, 

MICHIGAN TAX TRIBUNAL 

 

Petitioner, 

SMALL CLAIMS DIVISION 

 

v 

 

MTT Docket No. 25-003840 

 

City of Warren, 

 

Presiding Judge 

Respondent. 

 

Patricia L. Halm 

 

ORDER EXTENDING TIME FOR PETITIONER TO CURE DEFAULT 

 

ORDER OF PARTIAL DISMISSAL 

 

The Tribunal has considered the file in this case and finds that it entered an order 

holding Petitioner in default on December 11, 2025, because Petitioner did not file a 

copy of the notice giving rise to the appeal, i.e., July Board of Review (BOR) results, 

and Petitioner filed the wrong petition for the issue under appeal.1 Petitioner was 

required to cure the default by filing a copy of the July BOR results and filing a Petition 

for Poverty Exemption Appeal within 14 days.2 Petitioner has had ample time to 

comply, yet has failed to respond or submit the required filings. Though the Tribunal 

finds an extension of time to cure the default appropriate, Petitioner’s failure to comply 

with Tribunal orders and its Rules of Practice and Procedure has established a history 

of deliberate delay that would justify dismissal of the case for failure to timely comply 

with this order.3 

 

Further, the Tribunal finds that Petitioner’s appeal includes an appeal of the 

classification of the subject property. The Tribunal has no jurisdiction over Petitioner’s 

classification claim because Petitioner was required to “notify the assessor and [] 

protest the assigned classification to the March board of review.” Additionally, “[a]n 

owner . . . may appeal the decision of the March board of review by filing a petition with 

the state tax commission not later than June 30 in that tax year.”4 As such, the Tribunal 

is not the proper venue for a classification claim brought forward by a property owner. 

 

Therefore, 

 

IT IS ORDERED that the time for Petitioner to cure the default is EXTENDED. 

 

IT IS FURTHER ORDERED that Petitioner must complete the following to cure the 

 

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 Tribunal rules and petition forms are available online at https://www.michigan.gov/taxtrib. 

3 See Grimm v Dep’t of Treasury, 291 Mich App 140 (2010). 

4 MCL 211.34c(6). (Emphasis added.)

MTT Docket No. 25-003840 

Page 2 of 2 

 

default: (1) file a copy of the July BOR results, (2) file a Petition for Poverty Exemption 

appeal, (3) file a Motion to Set Aside Default, and (4) file proof the motion was served 

on Respondent. The foregoing must be filed with the Tribunal within 14 days of the 

entry of this order.5 

 

IT IS FURTHER ORDERED that 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 Petitioner’s classification appeal only is DISMISSED. 

 

Failure to comply with this order may result in the dismissal of the case, as provided by 

TTR 237.6 

 

 

 

Entered: January 14, 2026 

 

 

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 

 

 

 

 

5 “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). 

6 See also MCL 205.732.

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