24-003983 Recon.pdf
Michigan Tail Draggers LLC, Petitioner V Township Of Ray, Respondent · 24-003983-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 Michigan Tail Draggers LLC, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003983 Ray Township, Presiding Judge Respondent. Marcus L. Abood ORDER DENYING PETITIONER’S MOTION FOR RECONSIDERATION On November 6, 2024, Petitioner filed a motion requesting that the Tribunal reconsider the Order of Dismissal (order) entered in this case on October 29, 2024. In the motion, Petitioner states they did not receive the denial until August 15, 2024. The Tribunal has considered the motion and the case file and finds that the appeal was dismissed because Petitioner did not file a petition on or before May 31, 2024 as required by statute. Petitioner contends there was no notice of the denial until August 15, 2024, and even assuming that is true, Petitioner did not file a petition within 35 days of that date as required under MCL 205.735a(6). The Tribunal has no equitable power to waive or otherwise disregard a statutory filing deadline, and as a result, it has no authority to grant Petitioner the relief requested 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.1 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. 1 See MCR 2.119.
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MTT Docket No. 24-003983 Page 2 of 2 By Entered: November 26, 2024 bw/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 provide by those parties, attorneys, or authorized representatives. By: Tribunal Clerk