Full record / 25-002678 Martin v Chikaming_Recon.pdf

25-002678 Martin v Chikaming_Recon.pdf

Jim Martin, Petitioner V Township Of Chikaming, Respondent · 25-002678-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 

Jim Martin, 

MICHIGAN TAX TRIBUNAL 

 

Petitioner, 

SMALL CLAIMS DIVISION 

 

v 

 

MTT Docket No. 25-002678 

 

Chikaming Township, 

 

Presiding Judge 

Respondent. 

 

Marcus L. Abood 

 

ORDER DENYING PETITIONER’S MOTION FOR RECONSIDERATION 

 

On July 16, 2025, Petitioner filed a motion requesting that the Tribunal reconsider the 

Order of Dismissal entered in this case on July 9, 2025. In the motion, Petitioner states 

that they have no record of receiving the valuation in time to appeal the subject 

property’s valuation to the March Board of Review. Petitioner indicated that they are 

new, part-time Michigan residents, and receive mail at two locations: Michigan and 

Kansas. Petitioner stopped receiving mail after returning from Kansas, and Petitioner 

was unaware of the timing for the issuance of the Notice of Assessment or when to 

protest the assessment. 

 

The Tribunal has considered the motion and the case file and finds that Petitioner’s 

petition indicated that they did not protest to the Board of Review. As a result, the 

Tribunal issued an Order of Dismissal, indicating that “Petitioner failed to protest the 

assessment to Respondent’s March Board of Review, as required by MCL 205.735a.” 

Although Petitioner’s Motion for Reconsideration states that they had no record of 

receiving the Notice of Assessment prior to the March Board of Review, Petitioner’s 

contention that the Tribunal should take jurisdiction over this appeal without a final 

decision from the Board of Review is an argument in equity. The Tribunal’s powers are 

limited to those authorized by statute and do not include powers of equity.1 The 

Tribunal has no equitable power to waive or otherwise disregard statutory filing 

requirements and deadlines, and it therefore has no authority to hear the appeal or 

grant the relief requested.2 

 

Given the above, Petitioner has failed to demonstrate a palpable error relative to the 

Order of Dismissal that misled the Tribunal and the parties and that would have resulted 

in a different disposition if the error was corrected.3 Therefore, 

 

IT IS ORDERED that Petitioner’s Motion for Reconsideration is DENIED. 

 

1 See Electronic Data Systems Corp v Township of Flint, 253 Mich App 538; 656 NW2d 215 (2002) and 

VanderWerp v Plainfield Charter Twp, 278 Mich App 624; 752 NW2d 479 (2008). 

2 See Sixarp, LLC v Byron Twp, __Mich__; __NW3d__ (2025). 

3 See MCR 2.119(F)(3). A palpable error is one that is “easily perceptible, plain, obvious, readily visible, 

noticeable, patent, distinct, or manifest.” Luckow v Luckow, 291 Mich App 417, 426 (2011) (quotation 

marks and citation omitted).

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MTT Docket No. 25-002678 

Page 2 of 2 

 

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. 

 

 

 

 

 

 

By

 

 

Entered: September 15, 2025 

smm 

 

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

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