Full record / 25-002869 Extend Default (response).pdf

25-002869 Extend Default (response).pdf

Charles H Roach, Petitioner V City Of Eastpointe, Respondent · 25-002869-TT

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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 

Charles H Roach, 

MICHIGAN TAX TRIBUNAL 

 

Petitioner, 

SMALL CLAIMS DIVISION 

 

v 

 

MTT Docket No. 25-002869 

 

City of Eastpointe, 

 

Presiding Judge 

Respondent. 

 

Patricia L. Halm 

 

ORDER EXTENDING TIME FOR PETITIONER TO CURE DEFAULT 

 

ORDER OF PARTIAL DISMISSAL 

 

On September 16, 2025, Petitioner filed Notice of Assessments for the 2024 and 2025 

tax years in response to the Tribunal’s September 9, 2025 Order of Default. 

 

The Tribunal has considered the response and the case file and finds that Petitioner 

was held in default because Petitioner failed to file a copy of the notice giving rise to the 

appeal, i.e., March Board of Review (MBOR) results.1 Although Petitioner timely 

responded to the Order of Default, their attempt to cure is incomplete because 

Petitioner filed a copy of the Notice of Assessments for the 2024 and 2025 tax years. 

Tribunal rules require Petitioner to file a copy of the action taken by the MBOR with the 

filing of the petition, as attending the MBOR is a prerequisite in invoking the Tribunal’s 

jurisdiction.2 As such, the Notice of Assessments provided by Petitioner are not 

sufficient in setting aside the default.3 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.4 

 

Further, the Tribunal finds that Petitioner is appealing assessments for the 2024 and 

2025 tax years; however, the Tribunal has no authority over the 2024 assessment under 

MCL 205.735a, as the petition was not timely filed by July 31, 2024. Additionally, the 

Tribunal also has no authority over the 2024 assessment, as the facts alleged do not 

establish that the assessment was 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”). Rather, the facts 

alleged indicate a valuation dispute that does not involve the correction of a clerical 

error or mutual mistake of fact. Therefore, 

 

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 TTR 279(3) and MCL 205.735(a). 

3 A list of Tribunal rules can be found online at www.michigan.gov/taxtrib. 

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

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MTT Docket No. 25-002869 

Page 2 of 2 

 

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 

default: (1) file a copy of the MBOR results, (2) file a Motion to Set Aside Default, 

(3) pay the $25.00 fee required for the filing of the motion, 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 

 

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

TTR 237.6 

 

IT IS FURTHER ORDERED that Petitioner’s assessment appeal is PARTIALLY 

DISMISSED. The appeal shall continue for the 2025 TAX YEAR only. 

 

 

 

 

Entered: November 4, 2025 

 

 

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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