20251021144506972.pdf

Broadway Detroit Development II LLC, Petitioner Vs. City Of Detroit, Respondent · 25-002384-TT

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RECEIVED 

STATE OF MICHIGAN 

0CT 21 2025 

COURT OF APPEALS 

MICHIGAN TAX TRIBUNAL 

BROADWAY DETROIT DEVELOPMENT Il LLC, 

Petitioner - Appellant, 

\ 

Court of Appeals Case # 

MTT Docket No. 25-002384 

CITY OF DETROIT, 

Respondent — Appellee. 

/ 

Aaron Fales (P72864) 

Mary Beth Cobbs (P40080) 

Law Office of Aaron M. Fales, PC 

Kevin Richard (P43417) 

Attorneys for Petitoner-Appellant 

City of Detroit Law Department 

330 Hamilton Row, Suite 350 

Attorneys for Respondent-Appellee 

Birmingham, MI 48009 

Coleman A. Young Municipal Center 

248-767-9840 

2 Woodward Ave., Suite 500 

aaron@afaleslow.com 

Detroit, MI 48226 

313-237-3061 

cobbm@detroitmi.gov 

richkc@detroitmi.gov 

Notice of Filing Claim of Appeal 

TO: 

Chief Clerk 

Michigan Tax Tribunal 

611 W. Ottawa 

Lansing, Ml 48933 

PLEASE TAKE NOTICE that on October 16, 2025, the attached Claim od Appeal 

was filed electronically with the Court of Appeals.

JIS Code; COA 

STATE OF MICHIGAN 

JUDICIAL DISTRICT 

JUDICIAL CIRCUIT 

COUNTY 

IN THE COURT OF APPEALS 

CLAIM OF APPEAL 

CASE NO. 

CIRCUIT 

michigan Tax Tribunal 

DISTRICT 

25-002384 

PROBATE 

Court address 

Court telephone no. 

Plaintiff's/Petitioner’s name(s) and address(es) 

[<] Appeliant 

Broadway Detroit Development II LLC 

ClAppeliee 

Defendant’s/Respondent’s name(s) and address(es) 

[Appellant 

City of Detroit 

[“Iappeliee 

Plaintiff's attorney, bar no., address, and telephone no. 

Aaron Fales (P72864) 

Law Office of Aaron M. Fales, P.C. 

330 Hamilton Row, Ste. 350, Birmingham, MI 48009 

248-767-9840 

Defendant's attorney, bar no., address, and telephone no. 

Mary Beth Cobbs (P40080}, Kevin Richard (P43417) 

City of Detroit Law Dept., CAYMC 

2 Woodward, Ste. 500, Detroit, MI 48226 

313-237-3061 

In the matter of 

Other interested party(ies) of probate matter 

4. Broadway Detroit Development II LLC 

Name 

September 29, 2025 

in the Michigan Tax Tribunal 

claims an appeal from a final judgment or final order entered on 

Court of the State of Michigan, 

Date 

Court name and number or county 

py 

[districtjudge 

 [dcircuitjudge 

[probate judge 

[district court magistrate 

Presiding Judge Jason C. Grinnell 

. 

Name of judge or district court magistrate 

Bar no. 

.Bondonappealis 

[lfiled. 

[lattached. 

waived. 

[not required. 

wn 

. 

a. The transcript has been ordered. 

[b. The transcript has been filed. 

¢. No record was made.

Claim of Appeal 

(9/23) 

aim 

of 

Case No, 25-002384 

[]14. THIS CASE INVOLVES 

[Ja. 

ACONTEST AS TO THE CUSTODY OF A MINOR CHILD. 

1b. AN ADULT OR MINOR GUARDIANSHIP UNDER THE ESTATES AND PROTECTED INDIVIDUALS CODE OR 

UNDER THE MENTAL HEALTH CODE. 

Ic. AN INVOLUNTARY MENTAL HEALTH TREATMENT CASE UNDER THE MENTAL HEALTH CODE. 

d. 

ARULING THAT A PROVISION OF THE MICHIGAN CONSTITUTION, A MICHIGAN STATUTE, 

A RULE OR 

REGULATION INCLUDED IN THE MICHIGAN ADMINISTRATIVE CODE, OR ANY OTHER ACTION OF THE 

LEGISLATIVE OR EXECUTIVE BRANCH OF STATE GOVERNMENT IS INVALID. 

[J e. AN ADOPTION ORDER UNDER CHAPTER X OF THE PROBATE CODE. 

[CJf. 

AFREEDOM OF INFORMATION ACT ISSUE. 

10/16/2025 

/s/ Aaron Fales 

Date 

Appellant/Attorney signature 

PROOF OF SERVICE 

| certify that copies of this claim of appeal and bond (if required) were served on 

Mary Beth Cobbs 

on 10/16/2025 

by 

[personal service. 

[first-class mail. 

Name 

Date 

Kevin Richard 

on 10/16/2025 

by 

[personalservice. 

[first-class mail. 

Name 

Date 

on 

by 

[personalservice. 

[first-class mail. 

Name 

Date 

/s/ Aaron Fales 

Date 

Signature

Case Name: 

Jurisdiction 

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Michigan Court of Appeals 

Lower Court/Tribunal: Michigan Tax Tribunal 

Jurisdictional Checklist 

95.002384 

Lower Court Case No.: 

Broadway Detroit Development II LLC v. City of Detroit 

INSTRUCTIONS: For a civil claim of appeal, please complete the following statements. 

[SELECT ONE] An appeal of right may be filed because the order is: 

MCR 7.203(A) 

] 

A final order of the circuit court under MCR 7.202(6). Specify subsection: 

] 

A probate court order that falls within MCR 5.801(A). Specify subsection: 

MI Const. art 6, sec 28; MCL 205.753(1); MCR 7.203(A)(2) 

Appealable as of right by law or court rule. Specify law or rule: 

[SELECT ONE] This claim of appeal is timely because it is being filed: 

MCR 7.204(A) 

Within 21 days from entry of the order appealed from (as identified above). 

1] 

Within 21 days of an order deciding a motion for new trial, rehearing, reconsideration, or other relief from 

the order appealed, and the postjudgment motion was filed within 21 days of the order appealed from. 

[] 

other: 

INSTRUCTIONS: Please complete the checklist and file with your claim of appeal. 

Failure to file all required documents and requisite fees may result in rejection of 

MCR 7.201(B)(2) 

your claim of appeal. 

A signed claim of appeal. The caption must list all of the parties in each lower court 

MCR 7.204(B)(1) & (D) 

case appealed. 

A copy of the order you are appealing (as identified in Jurisdiction section). 

MCR 7.204(C)(1) 

An official current register of actions from the lower court or tribunal showing entry 

MCR 7.204(C)(5) 

of the order appealed. 

The filing fee or exception (example: motion to waive fees). 

MCR 7.202(3), 

MCR 7.204(B)(2) 

Evidence of the transcript (Select one): 

MCR 7.204(C)(2) 

1] The complete transcript has been ordered. 

MCR 7.210(B)(1)(a)

Order Appealed

LETS 

= 

20 

i 

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON I. BROWN, DPA 

GOVERNOR 

LANSING 

DIRECTOR 

Broadway Detroit Development ll LLC, 

MICHIGAN TAX TRIBUNAL 

Petitioner, 

\ 

MTT Docket No. 25-002384 

City of Detroit, 

Presiding Judge 

Respondent. 

Jason C. Grinnell 

ORDER DENYING PETITIONER'S MOTION FOR RECONSIDERATION 

On September 24, 2025, Petitioner filed a motion requesting that the Tribunal 

reconsider the Order of Dismissal entered in this case on August 20, 2025. 

in the 

motion, Petitioner states that the appeal was within 35 days of Respondent's March 

Board of Review decision, which was the notice giving rise to the appeal because of the 

Board's uncapping action. 

The Tribunal has considered the motion and the case file and finds that it “may order a 

rehearing or reconsideration of any decision or order upon its own initiative or motion 

filed within 21 days after the entry of the decision or order sought to be reheard or 

reconsidered.” 

Petitioner's Motion for Reconsideration was filed beyond this 21-day 

deadline, and as a result, is not properly pending before the Tribunal.2 Therefore, 

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

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. 

* 

Entered: September 29, 2025 

By /] wr 

. - 

bw 

/ 

—-

MTT Docket No. 25-002384 

Page 2 of 2 

PROOF OF SERVICE 

| 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

Official Current Tax Tribunal Register of Actions

Michigan Tax Tribunal 

Litensing and Regulatory AHairs 

Mi.gov Home 

Contact the Tribunal 

Tax Tribunat Home 

Tax Docket Lookup 

Tax Docket Information: 

00ckat Number: {25-002364.TT 

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Statun: [Disposed 

Patitianar; {Broadway 

Caso Typo: [ET Property 

County: [Wayne 

| 

Full Tite: Beoadveay Detroit Development H 

LLC Pettiooer vs. City of 

{Detroit Respondent 

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Judge:{Nojudgaassigned 

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Order Denying Motion 

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Ordav of Dismissal 

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Respectfully submitted, 

Law OFFICE OF AARON M. FaLEs, P.C. 

Attorneys for Petitioner-Appellant, 

By: /s/ Aaron M. Fales 

Aaron Fales (P72864) 

330 Hamilton Row, Suite 350 

Birmingham, Ml 48009 

248-767-9840 

Dated: October 16, 2025 

CERTIFICATE OF SERVICE 

STATE OF MICHIGAN 

 ) 

) ss. 

COUNTY OF OAKLAND 

) 

Aaron M. Fales, being duly sworn, deposes and says that on October 16, 2025 he 

served a copy of the NOTICE OF FILING OF APPEAL AND CLAIM OF APPEAL on the 

Michigan Tax Tribunal by FEDEX to the Tribunal's Overnight courier address: Attn 

Michigan Tax Tribunal 2407 N Grand River Avenue, Lansing, MI 48906, and upon 

Respondent-Appellee via email. 

/s/ Aaron Fales 

Aaron M. Fales

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