26-000989 Extend Default (response).pdf
Loretta J Klebba Petitioner V Township Of Big Creek Respondent · 26-000989-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 Loretta J Klebba, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 26-000989 Big Creek Township, Presiding Judge Respondent. Patricia L. Halm ORDER PLACING RESPONDENT’S MOTION TO SET ASIDE DEFAULT IN ABEYANCE ORDER EXTENDING TIME FOR RESPONDENT TO CURE DEFAULT On July 8, 2026, Respondent filed an answer and a motion requesting the Tribunal set aside the default entered in this case on June 25, 2026. Petitioner did not file a response to the motion. The Tribunal has considered the motion and the case file and finds that Respondent was held in default because they failed to file an answer.1 Although Respondent timely responded to the Order of Default, their attempt to cure is incomplete because Respondent failed to sign the answer. 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 Therefore, IT IS ORDERED Respondent’s Motion to Set Aside Default is placed in ABEYANCE. IT IS FURTHER 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 a signed amended answer. The foregoing must be filed with the Tribunal within 14 days of the entry of this order.3 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 “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
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MTT Docket No. 26-000989 Page 2 of 2 Failure to comply with this order may result in the scheduling of a default hearing, as provided by TTR 237.4 Entered: September 10, 2026 By: /s/ Patricia L. Halm 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 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). 4 See also MCL 205.732.