24-004178 SAD.pdf
Mark L Supal, Petitioner V Township Of Lexington, Respondent · 24-004178-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 Mark L Supal, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-004178 Lexington Township, Presiding Judge Respondent. Patricia L. Halm ORDER SETTING ASIDE PETITIONER’S DEFAULT On December 20, 2024, Petitioner filed a response to the Tribunal’s December 18, 2024, Order of Default. The response includes a letter to the Tribunal and the subject property’s 2024 Notice of Assessment. The Tribunal has considered the response and the case file and finds that Petitioner was placed in default because they did not submit a copy of the notice giving rise to the appeal. However, the petition indicates that Petitioner did not appeal the assessment to Respondent’s March Board of Review (BOR) and also indicates that Petitioner did not receive the assessment notice. Petitioner timely responded to the Order of Default and has now included the subject assessment notice. The Tribunal finds that Petitioner did not appeal the assessment to the March BOR prior to commencing the Tribunal appeal as required by statute.1 Petitioner contends they did not receive the notice, and as a result, allowing the case to proceed to hearing to make findings of fact with respect to the Tribunal’s jurisdiction over this case is appropriate.2 As such, the Tribunal finds good cause to grant the motion and set aside the default. Therefore, IT IS ORDERED that Petitioner’s Default is SET ASIDE. Entered: January 14, 2025 By _____________________________ bw 1 MCL 205.735a(3). 2 See Oak Park Crown Pointe, LLC v City of Oak Park, unpublished per curiam opinion of the Michigan Court of Appeals, issued December 12, 2019 (Docket No. 345819).
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MTT Docket No. 24-004178 Page 2 of 2 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