24-003536 Recon.pdf
Lawrence A Shaheen, Petitioner V Township Of Hartland, Respondent · 24-003536-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 Lawrence A Shaheen, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003536 Hartland Township, Presiding Judge Respondent. Mark Perry ORDER DENYING PETITIONER’S MOTION FOR RECONSIDERATION On November 12, 2024, Petitioner filed a motion requesting that the Tribunal reconsider the Order of Partial Dismissal (order) entered in the above-captioned case on September 25, 2024. In the motion, Petitioner states that the Tribunal and Respondent have failed to specify rules for changes on the record card. Issues with the record card were not fixed for a long time. The Tribunal has considered the motion and the case file and finds that Petitioner is merely restating the arguments previously presented. The issues raised in the motion were considered by the Tribunal in the rendering of the order. The Tribunal has no equitable authority to grant relief not allowed by statute.1 For each tax year, a party in interest is required to appeal a residential assessment to the March Board of Review and then file the appeal with the Tribunal by July 31.2 The Tribunal also has no authority under MCL 211.53a because the facts alleged do not establish that the assessments were the result of a clerical error (i.e., “an error of a transpositional, typographical, or mathematical nature”) or a mutual mistake of fact (i.e., “an erroneous belief, which is shared and relied on by both parties”).3 Although Petitioner alleges a mistake, there is no indication that the mistake involved a mutual belief or a typographical error. Though MCL 211.53b provides July and December boards of review with the authority to correct qualified errors for one prior tax year, Petitioner did not appear before Respondent’s July or December Board of Review or appeal an action taken by any such board. 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.4 Therefore, 1 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). 2 MCL 205.735a(3), (6). 3 See International Place Apartments – IV v Ypsilanti Township, 216 Mich App 104, 109 (1996), Ford Motor Company v City of Woodhaven, 475 Mich 425, 442 (2006). 4 See MCR 2.119.
Page 2
MTT Docket No. 24-003536 Page 2 of 2 IT IS ORDERED that Petitioner’s Motion for Reconsideration is DENIED. Entered: December 4, 2024 By _____________________________ bw 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