26-001290 Extend Default (response).pdf
Lori S Dupuis Petitioner V Township Of Bingham Respondent · 26-001290-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 Lori S Dupuis, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 26-001290 Bingham Township, Presiding Judge Respondent. Patricia L. Halm ORDER EXTENDING TIME FOR PETITIONER TO CURE DEFAULT On May 29, 2026, Petitioner filed copies of the notice of assessments for Parcel Nos. 19030-140-000-006-00 and 19030-140-000-005-00 in response to the Tribunal’s May 26, 2026 Order of Default. The Tribunal has considered the response and the case file and finds that Petitioner was held in default because they failed to file copies of the notice giving rise to the appeal, i.e., March Board of Review (BOR) decisions.1 Although Petitioner timely responded to the Order of Default, their attempt to cure is incomplete because Petitioner failed to file copies of the March BOR decisions for the parcels under appeal. However, on August 12, 2026, Respondent submitted their answer to the petition, including the March BOR decision for Parcel No. 19030-140-000-006-00, thus curing that portion of the default. To cure the remaining default, Petitioner must file a copy of the BOR decision for Parcel No. 19030-140-000-005-00 or alternatively provide the Tribunal with a written explanation as to why a BOR decision does not exist with respect to Parcel No. 19030-140-000-005-00, within 14 days of entry of this order. 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.2 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 default: (1) file a copy of the BOR decision for Parcel No. 19030-140-000-005-00 or alternatively provide the Tribunal with a written explanation as to why a BOR decision does not exist, (2) file a Motion to Set Aside Default, and (3) file proof the motion was served on Respondent. The foregoing must be filed with the Tribunal within 14 days of 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 See Grimm v Dep’t of Treasury, 291 Mich App 140 (2010).
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MTT Docket No. 26-001290 Page 2 of 2 entry of this order.3 Entered: September 8, 2026 By: /s/ Patricia L. Halm kac/jc 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 3 “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).