24-003366 Recon Waiver.pdf
Tdc Endeavor Three LLC, Petitioner V City Of Sandusky, Respondent · 24-003366-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 TDC Endeavor Three LLC, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003366 City of Sandusky, Presiding Judge Respondent. Jason C. Grinnell ORDER DENYING PETITIONER’S MOTION FOR RECONSIDERATION ORDER DENYING PETITIONER’S FEE WAIVER REQUEST On November 30, 2024, Petitioner filed a motion requesting that the Tribunal reconsider the Order of Dismissal (order) entered in this case on November 26, 2024.1 In the motion, Petitioner states they have been unable to upload items to the Tribunal’s e-filing system despite support from Tribunal staff. The Tribunal has considered the motion and the case file and finds that the Tribunal entered orders on September 4, 2024, October 1, 2024, and October 30, 2024, requiring Petitioner to comply with deficiencies in the petition and default cure. Specifically, the October 30, 2024 order required Petitioner to pay the remaining $25.00 due in the case and file proof the motion to set aside default was served on Respondent as required by Tribunal rules. Petitioner did not respond to that order, resulting in the dismissal. Petitioner’s Motion for Reconsideration neither paid the additional $25.00 still owed from prior to the dismissal nor provided the requisite proof of service. Proof of service on December 2, 2024, is not sufficiently clear to establish that service included the motion, as it indicates the appeal and additional information was sent. Even if Petitioner was unable to utilize the Tribunal’s e-filing system, the fee and documentation were permitted to be sent by mail as explained in the October 1, 2024, and October 30, 2024, orders. Petitioner has not cured the default, and there is no good cause to grant the motion. Given the above, Petitioner has failed to demonstrate a palpable error relative to the order that misled the Tribunal and the parties and that would have resulted in a different disposition if the error was corrected.2 Petitioner also filed a fee waiver request on December 3, 2024. The Tribunal finds that denying the fee waiver request is appropriate because Petitioner did not state a valid reason supporting a fee waiver request.3 Therefore, 1 On December 6, 2024, the Tribunal issued a Notice of No Action because Petitioner did not submit the required motion filing fee. Petitioner submitted the motion filing fee 2 See MCR 2.119. 3 TTR 205.
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MTT Docket No. 24-003366 Page 2 of 2 IT IS ORDERED that Petitioner’s Motion for Reconsideration is DENIED. IT IS FURTHER ORDERED that Petitioner’s Fee Waiver Request is DENIED. This Order resolves all pending claims in this matter and closes this case. APPEAL RIGHTS If you disagree with the final decision in this case, you may file a claim of appeal with the Michigan Court of Appeals. If the claim is filed within 21 days of the entry of the final decision, it is an “appeal of right.” If the claim is filed more than 21 days after the entry of the final decision, it is an “appeal by leave.” A copy of the claim of appeal must be filed with the Tribunal to certify the record on appeal. There is no certification fee. Entered: January 13, 2025 By _______________________________ bw 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