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24-003464 extend.pdf

Triumph Church, Petitioner V City Of Pontiac, Respondent · 24-003464-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 

Triumph Church, 

MICHIGAN TAX TRIBUNAL 

 

Petitioner, 

SMALL CLAIMS DIVISION 

 

v 

 

MTT Docket No. 24-003464 

 

City of Pontiac, 

 

Presiding Judge 

Respondent. 

 

Patricia L. Halm 

 

ORDER EXTENDING TIME FOR PETITIONER TO CURE DEFAULT 

 

The Tribunal has considered the file in this case and finds that Petitioner was held in 

default on September 20, 2024, because it filed both a Small Claims Petition and an 

Entire Tribunal Petition for the same parcel of property, neither of which was properly 

completed.1 Petitioner was required to cure the default within 14 days. Despite having 

ample time to comply, Petitioner failed to respond or submit the required filings. 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 

 

For clarification, Petitioner may only file one petition for the property, and it must file the 

appropriate petition for the division of the Tribunal in which it wishes to file its appeal, 

i.e., Small Claims Division or Entire Tribunal. The Petitions indicate that the property is 

classified as commercial, however, so Petitioner may only file the appeal in the Small 

Claims Division if the amount of taxable value (TV) in dispute does not exceed 

$100,000. Because Petitioner failed to properly complete the Petitions and did not 

provide the required valuation information, the Tribunal is unable to determine whether 

the appeal qualifies for Small Claims. The Tribunal is also unable to determine whether 

the required filing fee has been paid in full. 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 either a completed Small Claims petition form or a completed Entire 

Tribunal petition form, (2) pay the additional filing fee, if any, required for the filing of the 

appeal, (3) file a Motion to Set Aside Default, (4) pay the fee required for the filing of the 

Motion to Set Aside Default, which depends on which Petition is filed; the fee is $25.00 

in the Small Claims division and $50.00 in the Entire Tribunal, and (5) file proof the 

Motion to Set Aside Default was served on Respondent. The foregoing must be filed 

 

1 The order also stated that Petitioner failed to provide a copy of the notice giving rise to the appeal, but 

the petitions indicate that the property is classified as commercial, so this document is not required. 

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

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MTT Docket No. 24-003464 

Page 2 of 2 

 

with the Tribunal within 14 days of entry of this Order.3 

 

Failure to comply with this Order may result in dismissal of the case, as provided by 

TTR 231.4 

 

 

Entered: November 26, 2024 

 

 

By _____________________________ 

ejg/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 provide 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 219(5). 

4 See also MCL 205.732.

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