Full record / 25-003653 P Ex Def R def SC no ans.pdf

25-003653 P Ex Def R def SC no ans.pdf

Thomas Hutchinson, Mary Hutchinson, Petitioners V Township Of Lake, Respondent · 25-003653-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 

Thomas Hutchinson and Mary Hutchinson, 

MICHIGAN TAX TRIBUNAL 

 

Petitioners, 

SMALL CLAIMS DIVISION 

 

v 

 

MTT Docket No. 25-003653 

 

Lake Township, 

 

Presiding Judge 

Respondent. 

 

Patricia L. Halm 

 

ORDER EXTENDING TIME FOR PETITIONERS TO CURE DEFAULT 

 

ORDER HOLDING RESPONDENT IN DEFAULT 

 

ORDER OF PARTIAL DISMISSAL 

 

The Tribunal has considered the file in this case and finds that it entered an order 

holding Petitioners in default on October 23, 2025, because they failed to file a copy of 

the notice giving rise to the appeal, i.e., notice related to the uncapping of the subject 

property.1 Petitioners were required to cure the default by obtaining a copy of the notice 

related to the uncapping of the subject property from Respondent and submit a copy to 

the Tribunal within 14 days. Petitioners have had ample time to comply, yet have failed 

to respond or submit the required filings. Though the Tribunal finds an extension of time 

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

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

justify the dismissal of the case for failure to timely comply with this order.2 

 

Additionally, the Tribunal finds that Respondent has failed to file an answer. See TTR 

281. Respondent must file an answer within 14 days of the entry of this order. Tribunal 

rules and Small Claims answer forms can be found on our website at 

www.michigan.gov/taxtrib. 

 

Furthermore, the Tribunal finds that Petitioners’ appeal includes an appeal of the 

classification of the subject property. The Tribunal has no jurisdiction over Petitioners’ 

classification claim because Petitioners were required to “notify the assessor and [] 

protest the assigned classification to the March board of review.” Additionally, “[a]n 

owner . . . may appeal the decision of the March board of review by filing a petition with 

the state tax commission not later than June 30 in that tax year.”3 As such, the Tribunal 

is not the proper venue for a classification claim brought forward by a property owner. 

 

Therefore, 

 

 

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

3 MCL 211.34c(6). (Emphasis added.)

Page 2

MTT Docket No. 25-003653 

Page 2 of 2 

 

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

 

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

default: (1) file a copy of the notice related to the uncapping of the subject property 

issued by Respondent, (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 

Respondent. The foregoing must be filed with the Tribunal within 14 days of the entry of 

this order.4 

 

IT IS FURTHER ORDERED that Respondent is held in DEFAULT. 

 

IT IS FURTHER ORDERED that Respondent must do the following to cure the default: 

file an answer. The foregoing must be filed with the Tribunal within 14 days of the entry 

of this order. 

 

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

237, or Respondent being required to file a Motion to Set Aside Default with the 

applicable filing fee, as provided by TTR 231.5 

 

IT IS FURTHER ORDERED that Petitioners’ classification appeal only is DISMISSED. 

 

 

Entered: January 22, 2026 

 

 

By _____________________________ 

kac 

 

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 

 

 

4 “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). 

5 See also MCL 205.732.

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