26-000280 Default Hearing Order (post-extension no response).pdf
Douglas Arthur Hall, Petitioner V Township Of Tuscarora, Respondent · 26-000280-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 Douglas Arthur Hall, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 26-000280 Tuscarora Township, Presiding Judge Respondent. Patricia L .Halm ORDER FOR DEFAULT HEARING The Tribunal has considered the file in this case and finds that Respondent was placed in default on May 7, 2026, because Respondent failed to file an answer. The Tribunal extended the time for Respondent to cure the default by an additional 14 days on June 2, 2026, and it has failed to respond or submit the required filing(s). Given this failure, the Tribunal finds that Respondent’s violation was willful. It also establishes a history of deliberate delay and refusing to comply with Tribunal rules and orders, both of which have prejudiced Petitioner. As a result, giving careful consideration to the Grimm factors and considering all options in determining what sanction is just and proper, the Tribunal finds that scheduling a default hearing is warranted, and a lesser sanction would not be appropriate or better serve the interests of justice.1 Therefore, IT IS ORDERED that a default hearing shall be scheduled in the normal course.2 Entered: June 26, 2026 By: /s/ Patricia L. Halm kac 1 See Grimm v Dep’t of Treasury, 291 Mich App 140 (2010). Though Grimm was specific to the sanction of dismissal, the cases cited by the Court, and the reasoning behind its adoption of the factors set forth therein are not so narrow. The factors apply equally to default judgements, or in the case of the Tribunal proceedings, the conducting of a default hearing. See Bass v Combs, 238 Mich App 16 (1999), overruled in part on other grounds by Dimmitt & Owens Fin, Inc v Deloitte & Touche (ISC), LLC, 481 Mich 618 (2008), Vicencio v Ramirez, 211 Mich App 501 (1995), and Traxler v Ford Motor Co, 227 Mich App 276 (1998). See also TTR 237. 2 A “default hearing" is “a hearing at which the defaulted party is precluded from presenting any testimony, offering any evidence, and examining the other party's witnesses.” TTR 203(e).
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MTT Docket No. 26-000280 Page 2 of 2 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