26-001174 Extend Default (no response).pdf
Cronin Hillsdale Real Estate Petitioner V City Of Hillsdale Respondent · 26-001174-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 Cronin Hillsdale Real Estate, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 26-001174 City of Hillsdale, Presiding Judge Respondent. Patricia L. Halm ORDER EXTENDING TIME FOR PETITIONER TO CURE DEFAULT ORDER CORRECTING DOCKET The Tribunal has considered the file in this case and finds that it entered an order holding Petitioner in default on September 2, 2026, because Petitioner filed the wrong petition for the issue being appealed and has not paid the full required fee for the filing of the appropriate petition, pursuant to TTR 279 and 269.1 Petitioner was required to cure the default by filing a Small Claims Petition of Valuation Appeal form and paying the additional fee required for the filing of the petition within 14 days.2 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 dismissal of the case for failure to timely comply with this order.3 Further, the Tribunal finds that this appeal was filed in the name of Sophia Seime. The documentation filed with the petition indicates, however, that the record owner of the property and proper petitioner in this matter is Cronin Hillsdale Real Estate. The docket should therefore be corrected to reflect the same, with Sophia Seime listed as the authorized representative. The noted error is properly corrected under the misnomer doctrine.4 Therefore, 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 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 Tribunal rules, information on filing fees, and a filing fee calculator are available online at https://www.michigan.gov/taxtrib. 3 See Grimm v Dep’t of Treasury, 291 Mich App 140 (2010). 4 See Vanco 1 LLC v Grand Rapids, unpublished per curiam opinion of the Court of Appeals, issued November 18, 2014 (Docket No. 317305).
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MTT Docket No. 26-001174 Page 2 of 2 default: (1) file a Small Claims Petition for Valuation Appeal form indicating the docket number previously assigned by the Tribunal and if filed using the Tribunal’s e-filing system, must be filed as an “amended petition,” (2) pay the additional fee required for the filing of the petition, (3) file a Motion to Set Aside Default, (4) pay the $25.00 fee required for the filing of the motion, and (5) 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.5 Unfortunately, the payment of filing fees may not be made via e-filing. Failure to comply with this order may result in the dismissal of the case, as provided by TTR 237.6 IT IS FURTHER ORDERED that the docket shall be CORRECTED to list Cronin Hillsdale Real Estate as the proper Petitioner in this case, and Sophia Seime as Petitioner’s authorized representative. Entered: September 28, 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 5 “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). 6 See also MCL 205.732.