24-003862 Extend Default Deny Stip.pdf
Holiday Village Tc & 1950 Investments Tic LLC, Petitioner V Township Of East Bay, Respondent · 24-003862-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 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.
Page 2
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.