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25-002395 mta aby r def ans.pdf

Andy I Byler, Petitioner V Township Of Elmer, Respondent · 25-002395-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 

Andy I Byler, 

MICHIGAN TAX TRIBUNAL 

 

Petitioner, 

SMALL CLAIMS DIVISION 

 

v 

 

MTT Docket No. 25-002395 

 

Elmer Township, 

 

Presiding Judge 

Respondent. 

 

Patricia L. Halm 

 

ORDER HOLDING PETITIONER’S MOTION TO SET ASIDE DEFAULT IN ABEYANCE 

 

ORDER HOLDING RESPONDENT IN DEFAULT 

 

On August 12, 2025, Petitioner filed an amended petition and motion requesting that the 

Tribunal set aside the default entered on June 12, 2025. 

 

Respondent has not filed a response to the motion. 

 

The Tribunal has reviewed the file in this case and finds that Petitioner was held in 

default for filing the incorrect petition for the issue under appeal and failing to pay the 

requisite $25.00 petition filing fee. Petitioner failed to respond, and the Tribunal issued 

an Order Extending Time for Petitioner to Cure Default, allowing an additional 14 days 

to cure. Now that Petitioner has filed the motion and the amended petition, Petitioner 

has partially complied with the Tribunal’s orders. However, Petitioner’s attempt to cure 

the default was incomplete. The Order of Default required Petitioner to pay $25.00 for 

the filing of the petition and an additional $25.00 for the filing of the motion, totaling 

$50.00 due. Petitioner only paid one filing fee of $25.00, not the required $50.00. 

Additionally, in the amended petition, Petitioner states they “never received the letter 

regarding denial of principal residence,” and that the denial was issued on or around 

June 21, 2024. However, without a copy of that notice the Tribunal is unable to 

determine the timeliness of the appeal. Thus, the Tribunal must review the answer 

required by Respondent. 

 

Further, the Tribunal finds Respondent has failed to file an answer. Tribunal rules state, 

“[a]n answer to a petition must be filed with the tribunal within 28 days after the tribunal 

serves the notice of docket number on the respondent. Failure to file the answer as 

required by this rule may result in the holding of respondent in default, as provided by R 

792.10237.”1 As such, Respondent must file an answer within 14 days of the entry of 

this order. Small Claims answer forms can be found on our website at 

www.michigan.gov/taxtrib. Therefore, 

 

IT IS ORDERED that Petitioner’s Motion to Set Aside Default is held in ABEYANCE. 

 

1 TTR 281.

Page 2

MTT Docket No. 25-002395 

Page 2 of 2 

 

IT IS FURTHER ORDERED that Respondent is held in DEFAULT. 

 

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

default: file an answer for denial of principal residence exemption. The foregoing must 

be filed with the Tribunal within 14 days of the entry of this Order.2 

 

Failure to comply with this order will result in Respondent being required to file a motion 

to set aside the default, with the appropriate filing fee. 

 

 

Entered: September 11, 2025 

 

 

By _____________________________ 

kac/jcr 

 

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 

 

 

 

2 “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).

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