25-003541 PD Extend Default.pdf
Michaela S Vertin, Petitioner V City Of Detroit, Respondent · 25-003541-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 Michaela S Vertin, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 25-003541 City of Detroit Presiding Judge Respondent. Patricia L. Halm ORDER EXTENDING TIME FOR RESPONDENT TO CURE DEFAULT ORDER OF PARTIAL DISMISSAL The Tribunal has considered the file in this case and finds that it entered an order holding Respondent in default on November 19, 2025, because they failed to file an answer to the petition.1 Respondent was required to cure the default within 14 days, and despite having had ample time to comply, has failed to respond or submit the required filings. 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.2 Furthermore, the Tribunal finds that Petitioner’s appeal includes an appeal of the subject property’s classification. However, the Tribunal has no jurisdiction over Petitioner’s classification claim because Petitioner was required to “notify the assessor and [] protest the assigned classification to the March board of review.”3 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.”4 As such, the Tribunal is not the proper venue for a classification claim brought forward by a property owner. 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 default: (1) file an answer, (2) file a Motion to Set Aside Default, and (3) file proof the motion was served on Petitioner. The foregoing must be filed with the Tribunal within 14 days of entry of this order.5 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). 4 Id. (Emphasis added.) 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
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MTT Docket No. 25-003541 Page 2 of 2 IT IS FURTHER ORDERED that Petitioner’s classification appeal only is DISMISSED. Failure to comply with this order may result in the scheduling of a default hearing, as provided by TTR 237.6 Entered: December 18, 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 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.