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Order_for_Default_Hearing-FTA.2026-10-21_15-55-23.pdf

Carl D Bosch, Petitioner V Township Of Beaver, Respondent · 25-002322-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

Carl D Bosch, 

Petitioner,

 MICHIGAN TAX TRIBUNAL

 SMALL CLAIMS DIVISION

v 

MTT Docket No. 25-002322 

Township Of Beaver,

Respondent.

ORDER FOR DEFAULT HEARING

The Tribunal has considered the file in the above-captioned case and finds that 

Respondent was placed in default on September 30, 2026, for failing to appear at a 

duly-scheduled hearing. Even though Respondent failed to comply with the order, the 

Tribunal must consider Grimm v Dep’t of Treasury1 prior to scheduling a default hearing. 

In Grimm, the Michigan Court of Appeals summarized factors that the Tribunal must 

consider before imposing the sanction of dismissal. Those factors are:

(1) whether the violation was wilful or accidental; (2) the party's history of 

refusing to comply with previous court orders; (3) the prejudice to the 

opposing party; (4) whether there exists a history of deliberate delay; (5) 

the degree of compliance with other parts of the court's orders; (6) 

attempts to cure the defect; and (7) whether a lesser sanction would better 

serve the interests of justice.2 

Though Grimm was specific to the sanction of dismissal, the cases cited by the Court, 

and the reasoning behind its adoption of the factors set forth therein are not so narrow. 

The factors apply equally to default judgements, or in the case of the Tribunal 

proceedings, the conducting of a default hearing.3 Respondent’s failure to appear at the 

hearing and failure to comply with the Order of Default has established a history of 

deliberate delay. As a result, giving careful consideration to the factors involved and 

considering all options in determining what sanction is just and proper, the Tribunal 

finds that the scheduling of a default hearing is appropriate, and a lesser sanction would 

not be appropriate. 

Therefore, 

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

2 Id. at 149.

3 See Bass v Combs, 238 Mich App 16 (1999), overruled in part on other grounds by Dimmitt & Owens 

Fin, Inc v Deloitte & Touche (ISC), LLC, 481 Mich 618 (2008), Vicencio v Ramirez, 211 Mich App 501 

(1995), and Traxler v Ford Motor Co, 227 Mich App 276 (1998).

Page 2

MTT Docket No. 25-002322

Page 2 of 2

IT IS ORDERED that a default hearing shall be scheduled in the normal course.

By: /s/ Patricia L. Halm

Entered: October 21, 2026

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

Page 3

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

Carl D Bosch, 

Petitioner,

 MICHIGAN TAX TRIBUNAL

 SMALL CLAIMS DIVISION

v 

MTT Docket No. 25-002322 

Township Of Beaver,

Respondent.

ORDER FOR DEFAULT HEARING

The Tribunal has considered the file in the above-captioned case and finds that 

Respondent was placed in default on September 30, 2026, for failing to appear at a 

duly-scheduled hearing. Even though Respondent failed to comply with the order, the 

Tribunal must consider Grimm v Dep’t of Treasury4 prior to scheduling a default hearing. 

In Grimm, the Michigan Court of Appeals summarized factors that the Tribunal must 

consider before imposing the sanction of dismissal. Those factors are:

(1) whether the violation was wilful or accidental; (2) the party's history of 

refusing to comply with previous court orders; (3) the prejudice to the 

opposing party; (4) whether there exists a history of deliberate delay; (5) 

the degree of compliance with other parts of the court's orders; (6) 

attempts to cure the defect; and (7) whether a lesser sanction would better 

serve the interests of justice.5 

Though Grimm was specific to the sanction of dismissal, the cases cited by the Court, 

and the reasoning behind its adoption of the factors set forth therein are not so narrow. 

The factors apply equally to default judgements, or in the case of the Tribunal 

proceedings, the conducting of a default hearing.6 Respondent’s failure to appear at the 

hearing and failure to comply with the Order of Default has established a history of 

deliberate delay. As a result, giving careful consideration to the factors involved and 

considering all options in determining what sanction is just and proper, the Tribunal 

finds that the scheduling of a default hearing is appropriate, and a lesser sanction would 

not be appropriate. 

Therefore, 

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

5 Id. at 149.

6 See Bass v Combs, 238 Mich App 16 (1999), overruled in part on other grounds by Dimmitt & Owens 

Fin, Inc v Deloitte & Touche (ISC), LLC, 481 Mich 618 (2008), Vicencio v Ramirez, 211 Mich App 501 

(1995), and Traxler v Ford Motor Co, 227 Mich App 276 (1998).

Page 4

MTT Docket No. 25-002322

Page 2 of 2

IT IS ORDERED that a default hearing shall be scheduled in the normal course.

By: /s/ Patricia L. Halm

Entered: October 21, 2026

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

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