24-000820 25-002344 25-002696 Consol Dismiss Abey.pdf
Stephen Munch, Petitioner V Township Of Hampton, Respondent · 25-002344-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 Stephen Munch, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket Nos. 24-000820, 25-002344, & 25-002696 Hampton Township, Presiding Judge Respondent. Patricia L. Halm ORDER REMOVING DOCKET NO 24-000820 FROM ABEYANCE ORDER DISMISSING DOCKET NO 25-002344 ORDER PARTIALLY GRANTING PETITIONER’S MOTION TO CONSOLDIATE DOCKET NOS 24-000820 AND 25-002696 ORDER PLACING RESPONDENT IN DEFAULT IN DOCKET NO 25-002696 On July 10, 2025, Petitioner filed a motion requesting that the Tribunal consolidate the above-captioned dockets. In the motion, Petitioner states that Docket No. 24-000820 was held in abeyance pending a determination of the State Tax Commission (STC), which is now pending before the Tribunal in Docket No. 25-002696. Respondent has not filed a response to the motion. The Tribunal has considered the motion and the case file and finds that it entered an order in Docket No 24-000820 on July 9, 2024, placing that case in abeyance pending the STC’s determination for Parcel No. 070-059-100-090-00 for tax years 2022 and 2023. The STC issued an order resolving that appeal on June 17, 2025, and that decision was then appealed to the Tribunal as Docket No. 25-002696. As a result, removing Docket No 24-000820 from abeyance is appropriate at this time. Further, the Tribunal finds that the appeal in Docket No. 25-002344 is not properly pending. The petition in that case indicates that Petitioner is appealing the true cash, state equalized, and taxable values for Parcel No. 070-059-100-090-00 for tax year 2025. However, that tax year is already properly pending in Docket No. 24-000820 as the subsequent tax year of a parcel under appeal in the Tribunal’s Small Claims division is automatically added to the appeal.1 Docket No. 25-002344 shall therefore be dismissed as a duplicate appeal. 1 See MCL 205.737(5).
Page 2
MTT Docket Nos. 24-000820, 25-002344, & 25-002696 Page 2 of 3 Additionally, with respect to the Motion to Consolidate, the Tribunal finds that granting the motion is only appropriate for hearing purposes. The Tribunal shall issue separate decisions with respect to Docket Nos. 24-000820 and 25-002696. Specifically, the former case arises from a March Board of Review decision, and the latter case arises from an STC decision. Consolidation of the cases for decision purposes is not appropriate because the powers of the Tribunal in the cases varies based on the powers of the taxing authority from whom a final decision is appealed.2 However, the Tribunal finds that the efficient administration of justice requires that the cases be scheduled concurrently in separate hearings in the Small Claims division and preferably be considered by a common adjudicator. Finally, the Tribunal finds that it entered a Notice of Docket Number in Docket No. 25- 002696 on July 11, 2025. Respondent was required to file an answer within 28 days of that notice but failed to do so. Respondent shall therefore be placed in default for failure to comply with Tribunal rules.3 Therefore, IT IS ORDERED that Docket No. 24-000820 is REMOVED FROM ABEYANCE. IT IS FURTHER ORDERED that Docket No. 25-002344 is DISMISSED. IT IS FURTHER ORDERED that Petitioner’s Motion to Consolidate is PARTIALLY GRANTED with respect to conducting hearings for Docket Nos. 24-000820 and 25- 002696. IT IS FURTHER ORDERED that Respondent is PLACED IN DEFAULT in Docket No. 25-002696. IT IS FURTHER ORDERED that Respondent shall submit an answer within 14 days of this order.4 Failure to comply with this order shall result in Respondent being required to file a motion to set aside the default (with appropriate motion fee).5 2 See MCL 205.731 and Michigan Properties, LLC v Meridian Twp, 491 Mich 518; 817 NW2d 548 (2012). 3 See TTR 237 and TTR 281. 4 “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). 5 See TTR 237.
Page 3
MTT Docket Nos. 24-000820, 25-002344, & 25-002696 Page 3 of 3 APPEAL RIGHTS If you disagree with the final decision in Docket No 25-002344, you may file a motion for reconsideration with the Tribunal or a claim of appeal with the Michigan Court of Appeals. A motion for reconsideration must be filed with the Tribunal with the required filing fee within 21 days from the date of entry of the final decision. Because the final decision closes the case, the motion cannot be filed through the Tribunal’s web-based e-filing system; it must be filed by mail or personal service. The fee for the filing of such motions is $50.00 in the Entire Tribunal and $25.00 in the Small Claims Division, unless the Small Claims decision relates to the valuation of property and the property had a principal residence exemption of at least 50% at the time the petition was filed or the decision relates to the grant or denial of a poverty or disabled veterans exemption and, if so, there is no filing fee. You are required to serve a copy of the motion on the opposing party by mail or personal service or by email if the opposing party agrees to electronic service, and proof demonstrating that service must be submitted with the motion. Responses to motions for reconsideration are prohibited and there are no oral arguments unless otherwise ordered by the Tribunal. Alternatively, you may file a claim of appeal with the Michigan Court of Appeals. If the claim is filed within 21 days of the entry of the final decision, it is an “appeal of right.” If the claim is filed more than 21 days after the entry of the final decision, it is an “appeal by leave.” A copy of the claim of appeal must be filed with the Tribunal to certify the record on appeal. There is no certification fee. Entered: August 20, 2025 By _____________________________ bw/am 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