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24-003862 Extend Default Deny Stip.pdf

Holiday Village Tc & 1950 Investments Tic LLC, Petitioner V Township Of East Bay, Respondent · 24-003862-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 

Holiday Village TC & 

MICHIGAN TAX TRIBUNAL 

1950 Investments TIC LLC, 

SMALL CLAIMS DIVISION 

 

Petitioners, 

 

v 

 

MTT Docket No. 24-003862 

 

East Bay Township, 

 

Presiding Judge 

Respondent. 

 

Patricia L. Halm 

 

ORDER EXTENDING TIME FOR RESPONDENT TO CURE DEFAULT 

 

ORDER DENYING JOINT STIPULATION FOR ENTRY OF CONSENT JUDGMENT 

 

On October 29, 2025, Respondent filed an Entire Tribunal answer in response to the 

Tribunal’s October 22, 2025 Order of Default. 

 

The Tribunal has considered the response and case file and finds that Respondent was 

held in default because it failed to file an answer.1 Although Respondent timely 

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

Respondent filed an Entire Tribunal answer for a case that is currently pending in the 

Small Claims Division. Tribunal rules require Small Claims answers to be on an answer 

form made available by the Tribunal.2 Though the Tribunal finds an extension of time to 

cure the default appropriate, Respondent’s failure to comply with Tribunal orders and its 

Rules of Practice and Procedure has established a history of deliberate delay that would 

justify the scheduling of a default hearing for failure to timely comply with this order.3 

 

Further, the Tribunal has reviewed the stipulation filed on October 20, 2025, and finds 

that a consent judgment can only be entered if a stipulation is filed after the filing of a 

petition and answer.4 Because Respondent’s default has not been set aside as the 

answer that was filed does not comply with Tribunal rules, the stipulation cannot be 

entered at this time and must be denied. 

 

Therefore, 

 

IT IS ORDERED that the time for Respondent to cure the default is EXTENDED. 

 

IT IS FURTHER ORDERED that Respondent must complete the following to cure the 

 

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 281(2). 

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

 

4 TTR 253 and 283.

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MTT Docket No. 24-003862 

Page 2 of 2 

 

default: (1) file a Small Claims Answer for Valuation Appeal, (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 Petitioner. 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 scheduling of a default hearing, as 

provided by TTR 237.6 

 

IT IS FURTHER ORDERED that the Joint Stipulation for Entry of Consent Judgment is 

DENIED. 

 

IT IS FURTHER ORDERED that because this Stipulation for Entry of Consent 

Judgment is no longer pending before the Tribunal, a new stipulation is required for any 

future settlement. However, if the new stipulation is filed within 21 days of the issuance 

of this order, no additional filing fee is required.7 

 

 

Entered: November 7, 2025 

 

 

By _____________________________ 

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 

 

 

 

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. 

7 Please note that a stipulation filed before Respondent cures its default will not be granted.

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