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25-003540Ex P Def Default Hrg Order.pdf

Sheena York, Petitioner V Township Of Mason, Respondent · 25-003540-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 

Sheena York, 

MICHIGAN TAX TRIBUNAL 

 

Petitioner, 

SMALL CLAIMS DIVISION 

 

v 

 

MTT Docket No. 25-003540 

 

Mason Township, 

 

Presiding Judge 

Respondent. 

 

Patricia L. Halm 

 

ORDER EXTENDING TIME FOR PETITIONER TO CURE DEFAULT 

 

ORDER FOR DEFAULT HEARING 

 

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

holding Petitioner in default on December 17, 2025, because Petitioner failed to file a 

copy of the notice giving rise to the appeal, i.e., March Board of Review (BOR) results.1 

Petitioner was required to cure the default by obtaining a copy of the BOR results from 

Respondent and filing a copy with the Tribunal within 14 days. Petitioner has had 

ample time to comply, yet has failed to respond or submit the required filings. Though 

the Tribunal finds an extension of time to cure the default appropriate, Petitioner’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 dismissal of the case for 

failure to timely comply with this order.2 

 

Furthermore, the Tribunal finds that Respondent was placed in default on November 19, 

2025, because they failed to file an answer. The Tribunal extended the time for 

Respondent to cure the default by an additional 14 days on December 17, 2025, and it 

has failed to respond or submit the required filing(s). Given this failure, the Tribunal 

finds that Respondent’s violation was willful. It also establishes a history of deliberate 

delay and refusing to comply with Tribunal rules and orders, both of which have 

prejudiced Petitioner. As a result, giving careful consideration to the Grimm factors and 

considering all options in determining what sanction is just and proper, the Tribunal 

finds that scheduling a default hearing is warranted, and a lesser sanction would not be 

appropriate or better serve the interests of justice.3 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 See Grimm v Dep’t of Treasury, 291 Mich App 140 (2010). Though Grimm was specific to the sanction 

of dismissal, the cases cited by the Court, and the reasoning behind its adoption of the factors set forth 

therein are not so narrow. The factors apply equally to default judgements, or in the case of the Tribunal 

proceedings, the conducting of a default hearing. See Bass v Combs, 238 Mich App 16 (1999), overruled 

in part on other grounds by Dimmitt & Owens Fin, Inc v Deloitte & Touche (ISC), LLC, 481 Mich 618 

(2008), Vicencio v Ramirez, 211 Mich App 501 (1995), and Traxler v Ford Motor Co, 227 Mich App 276 

(1998). See also TTR 237.

Page 2

MTT Docket No. 25-003540 

Page 2 of 2 

 

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

 

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

default: (1) file a copy of the BOR results, (2) file a Motion to Set Aside Default, and (3) 

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 

 

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

TTR 237.5 

 

IT IS FURTHER ORDERED that a default hearing shall be scheduled in the normal 

course.6 

 

 

Entered: January 20, 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. 

6 A “default hearing" is “a hearing at which the defaulted party is precluded from presenting any testimony, 

offering any evidence, and examining the other party's witnesses.” TTR 203(e).

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