25-002424 Recon.pdf
Henkel Corporation, Petitioner Vs. City Of Madison Heights, Respondent · 25-002424-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 Henkel Corporation, MICHIGAN TAX TRIBUNAL Petitioner, v MTT Docket No. 25-002424 City of Madison Heights, Presiding Judge Respondent. Joshua M. Wease ORDER DENYING PETITIONER’S MOTION FOR RECONSIDERATION On September 4, 2025, Petitioner filed a motion requesting that the Tribunal reconsider the Order of Dismissal (order) entered in this case on August 19, 2025. In the motion, Petitioner states that they encountered technical issues with the Tribunal’s e-filing system. Petitioner sought to create an account on June 2, 2025, and sought assistance to do so but was not able to complete the process on that date. The Tribunal has considered the motion and the case file and finds that it has no authority over Petitioner’s appeal. The petition for the subject’s 2025 assessment was not filed by the statutory deadline of June 2, 2025.1 The petition was filed on June 13, 2025. The Legislature created a statutory jurisdiction requirement that a commercial valuation appeal be filed with the Tribunal by a set deadline. MCL 205.735a controls the Tribunal’s jurisdiction over an appeal. Petitioner contends that the appeal was not timely due to an issue creating an account on the Tribunal’s e-filing system. However, the Tribunal has no equitable power to disregard a statutory filing deadline.2 Given the above, Petitioner has failed to demonstrate a palpable error relative to the order 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. This order resolves all pending claims in this matter and closes this case. 1 MCL 205.735a(6), (8). 2 The Tribunal’s powers are limited to those authorized by statute and do not include powers of equity. See Federal-Mogul Corp v Dep’t of Treasury, 161 Mich App 346 (1987), Elec Data Sys Corp v Flint Twp, 253 Mich App 538 (2002), and VanderWerp v Plainfield Twp, 278 Mich App 624 (2008). 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. 25-002424 Page 2 of 2 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 17, 2025 By _____________________________ bw 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