Asset Link LLC, Petitioner V Township Of Kimball, Respondent
- Petitioner
- Asset Link LLC
- Respondent
- Township Of Kimball
Case overview
- Docket number
- 24-004042-TT
- Status
- Disposed
- CaseType
- SC Property
- Division
- Small Claims Division
- County
- Saint Clair
- Judge
- No judge assigned
Docket history
| Line # | Subject | Filer | Line Ref | Enter Date/Post Mark | Fee | Related Item |
|---|---|---|---|---|---|---|
| 24 | Order of Dismissal | Not recorded | Not recorded | 03/05/2026 | Not recorded | Download |
| 23 | Order Holding Party in Default | Not recorded | Not recorded | 02/11/2026 | Not recorded | Download |
| 22 | Failed to Appear - Petitioner and Respondent | Not recorded | Not recorded | 02/11/2026 | Not recorded | Not recorded |
| 21 | Notice of Hearing | Not recorded | Not recorded | 11/18/2025 | Not recorded | Download |
| 20 | A hearing has been scheduled | Not recorded | Not recorded | 11/18/2025 | Not recorded | Not recorded |
| 19 | Granted | RESP | 15 | 08/28/2025 | Not recorded | Download |
| 18 | Order granting Motion. | Not recorded | 15 | 08/28/2025 | Not recorded | Download |
| 17 | Evidence was received. | RESP | Not recorded | 07/21/2025 | Not recorded | Download |
| 16 | Notice of Filing | Not recorded | Not recorded | 08/04/2025 | Not recorded | Download |
| 15 | Motion to Set Aside Default was received. | RESP | Not recorded | 07/29/2025 | $25.00 | Download |
| 14 | Attachments to the Answer were filed | RESP | Not recorded | 07/29/2025 | Not recorded | Download |
| 13 | Answer was received | RESP | Not recorded | 07/28/2025 | Not recorded | Download |
| 12 | Order Extending R's Default | Not recorded | 11 | 07/25/2025 | Not recorded | Download |
| 11 | Order Holding Party in Default | Not recorded | Not recorded | 07/02/2025 | Not recorded | Download |
| 10 | Notice of Docket Number SC | Not recorded | Not recorded | 05/16/2025 | Not recorded | Download |
| 9 | Order Setting Aside P Default | Not recorded | 2 | 05/16/2025 | Not recorded | Download |
| 8 | Order Vacating 1/22/25 Notice of Docket Number | Not recorded | 5 | 05/16/2025 | Not recorded | Download |
| 7 | Order Vacating 3/25/25 Order Holding Petitioner in Default | Not recorded | 6 | 05/16/2025 | Not recorded | Download |
| 6 | Order Holding Party in Default | Not recorded | Not recorded | 03/25/2025 | Not recorded | Download |
| 5 | Notice of Docket Number ET | Not recorded | Not recorded | 01/22/2025 | Not recorded | Download |
| 4 | Documentation | PET | Not recorded | 01/21/2025 | Not recorded | Download |
| 3 | A petition has been filed. | PET | Not recorded | 01/21/2025 | Not recorded | Download |
| 2 | Order Holding Petitioner in Default | Not recorded | Not recorded | 01/14/2025 | Not recorded | Download |
| 1 | Order Severing | Not recorded | Not recorded | 10/31/2024 | Not recorded | Download |
Documents
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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 Asset Link LLC, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No.24-004042 Township Of Kimball, Respondent. ORDER OF DISMISSAL The Tribunal has considered the file in the above-captioned case and finds that Petitioner was placed in default on February 11, 2026, for failing to appear at a duly- scheduled hearing. Even though Petitioner failed to comply with the order, the Tribunal must consider Grimm v Dep’t of Treasury1 prior to the dismissal of this case. In Grimm, the Michigan Court of Appeals summarized factors that the Tribunal must consider before imposing the sanction of dismissal. Those factors are: (1) whether the violation was wilful or accidental; (2) the party's history of refusing to comply with previous court orders; (3) the prejudice to the opposing party; (4) whether there exists a history of deliberate delay; (5) the degree of compliance with other parts of the court's orders; (6) attempts to cure the defect; and (7) whether a lesser sanction would better serve the interests of justice.2 Petitioner’s failure to appear at the hearing and failure to comply with the Order of Default has established a history of deliberate delay. As a result, giving careful consideration to the factors involved and considering all options in determining what sanction is just and proper, the Tribunal finds that dismissal is appropriate, and a lesser sanction would not be appropriate. Therefore, IT IS ORDERED that this case is DISMISSED. This order resolves all pending claims in this matter and closes this case. 1 Grimm v Dep’t of Treasury, 291 Mich App 140 (2010). 2 Id. at 149.
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MTT Docket No. 24-004042 Page 2 of 4 APPEAL RIGHTS If you disagree with the final decision in this case, you may file a motion for reconsideration with the Tribunal or a claim of appeal with the Michigan Court of Appeals. A motion for reconsideration must be filed with the Tribunal with the required filing fee within 21 days from the date of entry of the final decision. Because the final decision closes the case, the motion cannot be filed through the Tribunal’s web-based e-filing system; it must be filed by mail or personal service. The fee for the filing of such motions is $50.00 in the Entire Tribunal and $25.00 in the Small Claims Division, unless the Small Claims decision relates to the valuation of property and the property had a principal residence exemption of
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STA
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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 Asset Link LLC, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-004042 Township Of Kimball, Respondent. ORDER OF DEFAULT The Tribunal has reviewed the file in this case and finds that Petitioner and Respondent failed to appear for the duly-noticed hearing scheduled for February 11, 2026. Thus, this case is subject to dismissal or a default hearing.1 Prior to dismissal or the scheduling of a default hearing, however, the Tribunal finds that placing the absent party in default and ordering an explanation and documentation justifying the absence at the proceeding is appropriate.2 Therefore, IT IS ORDERED that the absent party is HELD IN DEFAULT. IT IS FURTHER ORDERED that the defaulted party shall submit information and documentation as directed above. The response must be filed with the Tribunal and served on the opposing party or the opposing party’s authorized representative within 14 days of entry of this order.3 Failure to comply with this order may result in dismissal of this case or the scheduling of a default hearing, as provided by TTR 237. By______________________________ Entered: February 11, 2026 Patricia L. Halm, Tribunal Chair 1 See TTR 247 & TTR 275. 2 See TTR 231 and See Grimm v Department of Treasury, 291 Mich App 140 (2010). 3 “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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MTT Docket No. 24-004042 Page 2 of 4 PROOF OF
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STATE
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MT
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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 Asset Link LLC, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No.: 24-004042 Township Of Kimball, Respondent. NOTICE OF TELEPHONE HEARING The Tribunal has scheduled a telephone hearing to be conducted as follows. Hearings are generally 30 minutes in length. HEARING DATE: February 11, 2026 HEARING TIME: 11:00 AM EST JOIN BY PHONE: 1-248-509-0316 ACCESS CODE: 731891219 This hearing will be held by telephone conference call with the Judge as the host. In order to join the hearing, call the phone number listed above at least 5 minutes prior to the hearing time. You will then be required to input the access code, followed by # to connect. The Tribunal judge will call in and join by phone at the hearing time. Failure to timely call in may result in the placement of a party or parties in default. This is an important legal document. Please have someone translate the document. Este es un documento legal importante. Por favor, haga traducir este documento. এটি একটি গুরুত্বপূর্ণ আইনি দলিল, অনুগ্রহ করে কেউ দলিলটিকে অনুবাদ করুন। .ةقيثولا مجرتت صخش كيدل ىجري ةماه ةينوناق ةقيثو وه اذه Ito ay isang mahalagang legal na dokumento. Mangyari lamang na magkaroon ng isang tao isalin ang dokumento.
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MTT Docket No. 24-004042 Page 2 of 12 HEARING INFORMATION – PLEASE READ IMMEDIATELY GENERAL INFORMATION: An impartial hearing will be conducted in accordance with the Michigan Tax Tribunal Rules (R 792.10201-R 792.10297) and the Michigan Administrative Procedures Act, MCL 24.201 et seq. The Michigan Rules of Evidence and the Michigan Court Rules may be applicable. Parties are expected to exercise proper respect and courtesy toward other parties, witnesses, and administrative law judges, which includes attending the hearing on time, silencing cell phones, and choosing a quiet, private location to participate in the hearing to limit distractions and ensure minimal background noise. The hearing may be recorded for notetaking purposes, but the recording is not a formal record, unless otherwise provided for by the Tribunal. REPRESENTATION: You may have an attorney or anyone else of your choice represent you at the hearing. The Tribunal does not recommend or appoint representatives for you and will not pay for your representative. WITNESSES: You may have anyone join you at the hearing to speak in support of your case. However, the time to present your case is limited and
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MT
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Kimball Township RECEIVED 2160 Wadhams Rd. Kimball, Michigan 48074 AUG 0 1 2025 (810) 987-9797 FAX (810) 982-2342 MICHIGAN TAX TRIBUNAL July 28, 2025 The Honorable Patricia L. Halm Presiding Judge Michigan Tax Tribunal PO Box 30232 Lansing, MI 48909 RE: Docket #24-004042 Petitioner: Asset Link LLC/Parcel No. 74-25-715-0014-000 The Honorable Judge Halm: Enclosed is the Answer Form, Evidence and Record Card for the above- mentioned Michigan Tax Tribunal Appeal. Also enclosed is the Motion to Set Aside Default and proof of mailing to the Petitioner. If you have any questions in regard to this case, please contact me at 810-987- 9797, Ext. 128, or by email at sbiernat@kimballtownship.org Sincerely, A Ao Shawn Biernat, MAAO (3) Assessor, Kimball Township Enclosures
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STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR PROPERTY TAX APPEAL ANSWER FORM VALUATION / EXEMPTION / CLASSIFICATION APPEAL MTT DOCKET NO, 24-004042 Section 1: Respondent’s Contact Information First Name ML. Last Name Kimball Township Mailing Address (No., Street, P.O. Box or Rural Route) 2160 Wadhams Rd City or Town State ZIP Code Kimball Mi 48074 Telephone Number 810-987-9797, Ext 128 Email Address (do not enter unless you want MTT to send all correspondence via email) sbiernat@kimbalitownship.org Section 2: Respondent’s Attorney/Authorized Representative’s Contact Information ) First Name mi Last Name Shawn M Biernat Firm Name (if any) . N Kimball Township Assessor Mailing Address (No., Street, P.O. Box or Rural Route) 2160 Wadhams Rd City or Town State ZIP Code Kimball Mi 48074 Telephone Number 810-987-9797, Ext 128 Email Address (do not enter unless you want MTT to send ali correspondence via emall) sbiernat@kimballtownship.org Section 3: Subject Property Information Does the subject property have a Principal Residence Exemption of 50% or more? OO Yes No Are the parcels listed by Petitioner contiguous or adjoining? If not, list which parcels adjoin one another. ves no Not Applicable
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STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR Section 4: Explain Your Answer to this Appeal Respondent respectfully requests that this case be dismissed with prejudice. The basis of Petitioner's appeal is that the Kimball Township Assessor failed to administer the MTT ruling of 2023 docket #23-002484 that established a 2023 SEV and TV of 87,500 and that the assessor failed to use the 2023 revised TV in the capped value formula for 2024. As evidenced by the attached
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STATE
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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 Asset Link LLC, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-004042 Kimball Township, Presiding Judge Respondent. Patricia L. Halm ORDER GRANTING RESPONDENT’S MOTION TO SET ASIDE DEFAULT On July 29, 2025, Respondent filed a motion requesting the Tribunal set aside the default entered in this case on July 2, 2025. Petitioner has not filed a response to the motion. The Tribunal has considered the motion and the case file and finds that Respondent was held in default because it did not file an answer. Respondent failed to respond, and the Tribunal entered an order extending the time to cure on July 25, 2025. Having now filed the answer, motion, motion fee, and proof of service of the answer and motion, Respondent has complied with the Tribunal’s orders as required by TTR 237. As such, the Tribunal finds good cause to grant the motion and set aside the default. Therefore, IT IS ORDERED that Respondent’s Motion to Set Aside Default is GRANTED. Entered: August 28, 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
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RECEIVED
AUG 0 5 2025
MICHIGAN TAX TRIBUNAL
.
STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON |. BROWN, DPA
GOVERNOR
DIRECTOR
LANSING
PROPERTY TAX APPEAL ANSWER FORM
VALUATION / EXEMPTION / CLASSIFICATION APPEAL
MTT DOCKET NO. 24-004042
Section 1: Respondent’s Contact Information
First Name
['EN
Last Name
Kimball Township
Mailing Address (No., Street, P.O. Box or Rural Route}
2160 Wadhams Rd
City or Town
State
ZIP Code
Kimball
Mi
48074
Telephone Number 810-987-9797, Ext 128
Email Address (do not enter unless you want MTT to send all correspondence via email}
shiernat@kimballtownship.org
Section 2: Respondent’s Attorney/Authorized Representative’s Contact Information
1
First Name
M.L
Last Name
Shawn
M
Biernat
Firm Name {if any}
.
N
Kimball Township Assessor
Mailing Address (No., Street, P.O. Box or Rural Route}
2160 Wadhams Rd
City or Town
State
ZIP Code
Kimball
Mi
48074
Telephone Number 810-987-9797, Ext 128
Email Address (do not enter unless you want MTT to send all correspondence via ematf)
sbiernat@kimballtownship.org
Section 3: Subject Property Information
Does the subject property have a Principal Residence Exemption of 56% or more?
£1 ves
No
Are the parcels listed by Petitioner contiguous or adjoining?
If not, list which parcels adjoin one another.
ves
[Ono
Not ApplicablePage 2
STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON I. BROWN, DPA
GOVERNOR
LANSING
DIRECTOR
Section 4: Explain Your Answer to this Appeal
Respondent respectfully requests that this case be dismissed with prejudice. The basis
of Petitioner's appeal is that the Kimball Township Assessor failed to administer the MTT
ruling of 2023 docket #23-002484 that established a 2023 SEV and TV of 87,500 and
that the assessor failed to use the 2023 revised TV in the capped value formula for 2024,
As evidenced by the attached record card, the Tribunal's decision was entered and the
2023 and 2024 values were appropriately adjusted.
A copy of the 2023 tax refund
issued by the St Clair County Treasurer's Office and the 2024 tax biils are also attached
to further confirm that the billing is correct for both years.
On July 2, 2025, after receiving the MTT Order of Default, Respondent contacted the
Petitioner at the phone number listed on the petition and requested that the petition be
withdrawn.
Respondent respectfully requests that, due to the MTT decision being processed and the
appropriate taxes reflecting that decision, this case be dismissed.
Section 5: Jurisdictional Issues
{F PETITIONER IS APPEALING THE TRUE CASH AND/OR TAXABLE VALUES
Did Petitioner protestPage 3
STA
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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 Asset Link LLC, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-004042 Township Of Kimball, Respondent. NOTICE OF FILING TAKE NOTICE that a Small Claims answer has been filed and the electronic copy of the answer can be reviewed by utilizing the Docket Lookup on the Tribunal’s website. Unless Respondent was defaulted, this case is ready to be scheduled for a Small Claims hearing and will be scheduled in the normal course of scheduling. You will receive a Notice of Hearing from the Tribunal by e-mail if you have identified an email address in the petition or other documentation. The Notice of Hearing will inform you of the date, time, and location of your hearing (note that your hearing will likely be conducted by telephone). Please read the Notice of Hearing as it includes important information. EVIDENCE: Parties are required to submit all evidence to the Tribunal and send a copy to the opposing party at least 21 days before the hearing date even if the documents had been submitted to the local Board of Review or the Michigan Department of Treasury. If the documents are not timely submitted to the Tribunal and served on the opposing party, the documents may be excluded. Documents may be filed with the Tribunal by mail or through the Tribunal’s e-filing system. Documents may be sent to the opposing party by mail or by e-mail, if the parties agree to service by e-mail. Alternate Dispute Resolution Options INFORMAL SETTLEMENT CONFERENCE: Parties have the option of handling this case through an informal settlement conference. An informal settlement conference is a meeting between the parties and/or their representatives to discuss the issues in a case in an effort to settle the case. This process may be an alternative to a hearing with a judge and may result in the parties’ filing a Joint Stipulation for Entry of Consent Judgment. Visit the Tribunal’s ADR webpage for more information. NOTE: The parties may not request an informal settlement conference to discuss an appeal of a principal residence exemption that was denied by either the Michigan Department of Treasury or a County. Also, state taxes levied by the Michigan Department of Treasury, such as income taxes, are not subject to the informal settlement conference process.
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MTT Docket No. 24-004042 Page 2 of 6 MEDIATION: Parties have the option of handling this case through mediation.
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ST
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Kimball Township RECEIVED 2160 Wadhams Rd. Kimball, Michigan 48074 AUG 0 1 2025 (810) 987-9797 FAX (810) 982-2342 MICHIGAN TAX TRIBUNAL July 28, 2025 The Honorable Patricia L. Halm Presiding Judge Michigan Tax Tribunal PO Box 30232 Lansing, MI 48909 RE: Docket #24-004042 Petitioner: Asset Link LLC/Parcel No. 74-25-715-0014-000 The Honorable Judge Halm: Enclosed is the Answer Form, Evidence and Record Card for the above- mentioned Michigan Tax Tribunal Appeal. Also enclosed is the Motion to Set Aside Default and proof of mailing to the Petitioner. If you have any questions in regard to this case, please contact me at 810-987- 9797, Ext. 128, or by email at sbiernat@kimballtownship.org Sincerely, A Ao Shawn Biernat, MAAO (3) Assessor, Kimball Township Enclosures
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STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR PROPERTY TAX APPEAL ANSWER FORM VALUATION / EXEMPTION / CLASSIFICATION APPEAL MTT DOCKET NO, 24-004042 Section 1: Respondent’s Contact Information First Name ML. Last Name Kimball Township Mailing Address (No., Street, P.O. Box or Rural Route) 2160 Wadhams Rd City or Town State ZIP Code Kimball Mi 48074 Telephone Number 810-987-9797, Ext 128 Email Address (do not enter unless you want MTT to send all correspondence via email) sbiernat@kimbalitownship.org Section 2: Respondent’s Attorney/Authorized Representative’s Contact Information ) First Name mi Last Name Shawn M Biernat Firm Name (if any) . N Kimball Township Assessor Mailing Address (No., Street, P.O. Box or Rural Route) 2160 Wadhams Rd City or Town State ZIP Code Kimball Mi 48074 Telephone Number 810-987-9797, Ext 128 Email Address (do not enter unless you want MTT to send ali correspondence via emall) sbiernat@kimballtownship.org Section 3: Subject Property Information Does the subject property have a Principal Residence Exemption of 50% or more? OO Yes No Are the parcels listed by Petitioner contiguous or adjoining? If not, list which parcels adjoin one another. ves no Not Applicable
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STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR Section 4: Explain Your Answer to this Appeal Respondent respectfully requests that this case be dismissed with prejudice. The basis of Petitioner's appeal is that the Kimball Township Assessor failed to administer the MTT ruling of 2023 docket #23-002484 that established a 2023 SEV and TV of 87,500 and that the assessor failed to use the 2023 revised TV in the capped value formula for 2024. As evidenced by the attached
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STATE
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Kimball Township RECEIVED 2160 Wadhams Rd. Kimball, Michigan 48074 AUG 0 1 2025 (810) 987-9797 FAX (810) 982-2342 MICHIGAN TAX TRIBUNAL July 28, 2025 The Honorable Patricia L. Halm Presiding Judge Michigan Tax Tribunal PO Box 30232 Lansing, MI 48909 RE: Docket #24-004042 Petitioner: Asset Link LLC/Parcel No. 74-25-715-0014-000 The Honorable Judge Halm: Enclosed is the Answer Form, Evidence and Record Card for the above- mentioned Michigan Tax Tribunal Appeal. Also enclosed is the Motion to Set Aside Default and proof of mailing to the Petitioner. If you have any questions in regard to this case, please contact me at 810-987- 9797, Ext. 128, or by email at sbiernat@kimballtownship.org Sincerely, A Ao Shawn Biernat, MAAO (3) Assessor, Kimball Township Enclosures
Page 2
STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR PROPERTY TAX APPEAL ANSWER FORM VALUATION / EXEMPTION / CLASSIFICATION APPEAL MTT DOCKET NO, 24-004042 Section 1: Respondent’s Contact Information First Name ML. Last Name Kimball Township Mailing Address (No., Street, P.O. Box or Rural Route) 2160 Wadhams Rd City or Town State ZIP Code Kimball Mi 48074 Telephone Number 810-987-9797, Ext 128 Email Address (do not enter unless you want MTT to send all correspondence via email) sbiernat@kimbalitownship.org Section 2: Respondent’s Attorney/Authorized Representative’s Contact Information ) First Name mi Last Name Shawn M Biernat Firm Name (if any) . N Kimball Township Assessor Mailing Address (No., Street, P.O. Box or Rural Route) 2160 Wadhams Rd City or Town State ZIP Code Kimball Mi 48074 Telephone Number 810-987-9797, Ext 128 Email Address (do not enter unless you want MTT to send ali correspondence via emall) sbiernat@kimballtownship.org Section 3: Subject Property Information Does the subject property have a Principal Residence Exemption of 50% or more? OO Yes No Are the parcels listed by Petitioner contiguous or adjoining? If not, list which parcels adjoin one another. ves no Not Applicable
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STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR Section 4: Explain Your Answer to this Appeal Respondent respectfully requests that this case be dismissed with prejudice. The basis of Petitioner's appeal is that the Kimball Township Assessor failed to administer the MTT ruling of 2023 docket #23-002484 that established a 2023 SEV and TV of 87,500 and that the assessor failed to use the 2023 revised TV in the capped value formula for 2024. As evidenced by the attached
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STATE
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Kimball Township RECEIVED 2160 Wadhams Rd. Kimball, Michigan 48074 AUG 0 1 2025 (810) 987-9797 FAX (810) 982-2342 MICHIGAN TAX TRIBUNAL July 28, 2025 The Honorable Patricia L. Halm Presiding Judge Michigan Tax Tribunal PO Box 30232 Lansing, MI 48909 RE: Docket #24-004042 Petitioner: Asset Link LLC/Parcel No. 74-25-715-0014-000 The Honorable Judge Halm: Enclosed is the Answer Form, Evidence and Record Card for the above- mentioned Michigan Tax Tribunal Appeal. Also enclosed is the Motion to Set Aside Default and proof of mailing to the Petitioner. If you have any questions in regard to this case, please contact me at 810-987- 9797, Ext. 128, or by email at sbiernat@kimballtownship.org Sincerely, A Ao Shawn Biernat, MAAO (3) Assessor, Kimball Township Enclosures
Page 2
STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR PROPERTY TAX APPEAL ANSWER FORM VALUATION / EXEMPTION / CLASSIFICATION APPEAL MTT DOCKET NO, 24-004042 Section 1: Respondent’s Contact Information First Name ML. Last Name Kimball Township Mailing Address (No., Street, P.O. Box or Rural Route) 2160 Wadhams Rd City or Town State ZIP Code Kimball Mi 48074 Telephone Number 810-987-9797, Ext 128 Email Address (do not enter unless you want MTT to send all correspondence via email) sbiernat@kimbalitownship.org Section 2: Respondent’s Attorney/Authorized Representative’s Contact Information ) First Name mi Last Name Shawn M Biernat Firm Name (if any) . N Kimball Township Assessor Mailing Address (No., Street, P.O. Box or Rural Route) 2160 Wadhams Rd City or Town State ZIP Code Kimball Mi 48074 Telephone Number 810-987-9797, Ext 128 Email Address (do not enter unless you want MTT to send ali correspondence via emall) sbiernat@kimballtownship.org Section 3: Subject Property Information Does the subject property have a Principal Residence Exemption of 50% or more? OO Yes No Are the parcels listed by Petitioner contiguous or adjoining? If not, list which parcels adjoin one another. ves no Not Applicable
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STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR Section 4: Explain Your Answer to this Appeal Respondent respectfully requests that this case be dismissed with prejudice. The basis of Petitioner's appeal is that the Kimball Township Assessor failed to administer the MTT ruling of 2023 docket #23-002484 that established a 2023 SEV and TV of 87,500 and that the assessor failed to use the 2023 revised TV in the capped value formula for 2024. As evidenced by the attached
Page 4
STATE
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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 Asset Link LLC, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-004042 Kimball Township, Presiding Judge Respondent. Patricia L. Halm ORDER EXTENDING TIME FOR RESPONDENT TO CURE DEFAULT The Tribunal has considered the file in this case and finds that it entered an order holding Respondent in default on July 2, 2025, because they failed to file an answer.1 Respondent was required to cure the default within 14 days. Respondent 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, Respondent’s failure to comply with Tribunal orders and its Rules of Practice and Procedure has established a history of deliberate delay that would justify the scheduling of a default hearing for failure to timely comply with this order.2 Therefore, IT IS ORDERED that the time for Respondent to cure the default is EXTENDED. IT IS FURTHER ORDERED that Respondent must complete the following to cure the default: (1) file an answer, (2) file a Motion to Set Aside Default, (3) pay the $25.00 fee required for the filing of the motion, and (4) file proof the motion was served on Petitioner. The foregoing must be filed with the Tribunal within 14 days of the entry of this order.3 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 See Grimm v Dep’t of Treasury, 291 Mich App 140 (2010). 3 “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
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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 Asset Link LLC, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-004042 Township Of Kimball, Respondent. ORDER OF DEFAULT The Tribunal has reviewed the file in the above-captioned case and finds that: Respondent has failed to file an answer. See TTR 279. 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 Respondent is HELD IN DEFAULT. IT IS FURTHER ORDERED that the defaulted party shall cure the default, as indicated above, within 14 days of the entry of this order.i 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). By:_______________________________ Entered: July 2, 2025 Patricia L. Halm, Tribunal Chair 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 i “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
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MTT Docket No. 24-004042 Page 2 of 6 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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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON
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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 Asset Link LLC, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-004042 Township Of Kimball, Respondent. NOTICE OF DOCKET NUMBER TAKE NOTICE that a Small Claims petition has been filed and the above-noted docket number has been assigned to that petition. The assignment of the docket number does not mean that the Tribunal has authority over the petition or that the petition complies with the Tribunal’s rules. The docket number needs to be included on all documents submitted in this case. Respondent shall file an answer to the petition within 28 days of the issuance of a copy of this Notice to Respondent. Tribunal answer forms are available on our website at www.michigan.gov/taxtrib. Respondents must utilize the appropriate answer form. Failure to file the answer within the 28-day time frame may result in the placement of Respondent in default, as provided by TTR 281. Further, an electronic copy of the petition can be reviewed by utilizing the Docket Lookup Search on the Tribunal’s website. By: __Tribunal Clerk_____ Entered: May 16, 2025 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
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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 Asset Link LLC, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-004042 Township Of Kimball, Respondent. NOTICE OF DOCKET NUMBER TAKE NOTICE that a Small Claims petition has been filed and the above-noted docket number has been assigned to that petition. The assignment of the docket number does not mean that the Tribunal has authority over the petition or that the petition complies with the Tribunal’s rules. The docket number needs to be included on all documents submitted in this case. Respondent shall file an answer to the petition within 28 days of the issuance of a copy of this Notice to Respondent. Tribunal answer forms are available on our website at
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STATE OF
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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 Asset Link LLC, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-004042 Kimball Township, Presiding Judge Respondent. Patricia L. Halm ORDER VACATING MARCH 25, 2025 ORDER HOLDING PETITIONER IN DEFAULT ORDER VACATING JANUARY 22, 2025 NOTICE OF DOCKET NUMBER ORDER SETTING ASIDE PETITIONER’S JANUARY 14, 2025 DEFAULT The Tribunal has reviewed the file in this case and finds that it entered an order holding Petitioner in default on March 25, 2025, for failing to file proof evidencing service of the Entire Tribunal petition, as required by TTR 227. The Tribunal erred in the entry of this order, as well as the entry of the Entire Tribunal Notice of Docket Number that was issued on January 22, 2025. Although Petitioner filed an Entire Tribunal petition on January 21, 2025, this case, which was severed from Docket No. 23-002484 on October 31, 2024, is currently pending in the Small Claims Division. If Petitioner wishes to have the severed case heard in the Entire Tribunal, they must file a motion to transfer with the required $25.00 motion fee, and pay the fee required for the filing of the Entire Tribunal petition.1 Moreover, one day after filing the Entire Tribunal petition, Petitioner e-filed a Small Claims petition, which was assigned to Docket No. 25-000065. That case has since been dismissed as a duplicate appeal, and the e-filed Small Claims petition has been placed on this docket. Given that the filed Entire Tribunal petition is not properly pending before the Tribunal, and a Small Claims petition has been filed, albeit in the wrong docket, the Tribunal finds that Petitioner has complied with the Tribunal’s October 31, 2024, and January 14, 2025 orders, as required by TTR 237. As such, the Tribunal finds good cause to vacate the March 25, 2025 Order of Default and the January 22, 2025 Entire Tribunal Notice of Docket Number and set Petitioner’s January 14, 2025 default aside. Therefore, IT IS ORDERED that the March 25, 2025 Order Holding Petitioner in Default is VACATED. 1 See TTR 223. The Entire Tribunal petition is also defective as filed because Petitioner failed to properly complete paragraphs 16 and 18 of the petition form. Consequently, an amended Entire Tribunal petition would also be required.
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MTT Docket No. 24-004042 Page 2 of 2 IT IS FURTHER ORDERED that the January 22,
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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 Asset Link LLC, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-004042 Kimball Township, Presiding Judge Respondent. Patricia L. Halm ORDER VACATING MARCH 25, 2025 ORDER HOLDING PETITIONER IN DEFAULT ORDER VACATING JANUARY 22, 2025 NOTICE OF DOCKET NUMBER ORDER SETTING ASIDE PETITIONER’S JANUARY 14, 2025 DEFAULT The Tribunal has reviewed the file in this case and finds that it entered an order holding Petitioner in default on March 25, 2025, for failing to file proof evidencing service of the Entire Tribunal petition, as required by TTR 227. The Tribunal erred in the entry of this order, as well as the entry of the Entire Tribunal Notice of Docket Number that was issued on January 22, 2025. Although Petitioner filed an Entire Tribunal petition on January 21, 2025, this case, which was severed from Docket No. 23-002484 on October 31, 2024, is currently pending in the Small Claims Division. If Petitioner wishes to have the severed case heard in the Entire Tribunal, they must file a motion to transfer with the required $25.00 motion fee, and pay the fee required for the filing of the Entire Tribunal petition.1 Moreover, one day after filing the Entire Tribunal petition, Petitioner e-filed a Small Claims petition, which was assigned to Docket No. 25-000065. That case has since been dismissed as a duplicate appeal, and the e-filed Small Claims petition has been placed on this docket. Given that the filed Entire Tribunal petition is not properly pending before the Tribunal, and a Small Claims petition has been filed, albeit in the wrong docket, the Tribunal finds that Petitioner has complied with the Tribunal’s October 31, 2024, and January 14, 2025 orders, as required by TTR 237. As such, the Tribunal finds good cause to vacate the March 25, 2025 Order of Default and the January 22, 2025 Entire Tribunal Notice of Docket Number and set Petitioner’s January 14, 2025 default aside. Therefore, IT IS ORDERED that the March 25, 2025 Order Holding Petitioner in Default is VACATED. 1 See TTR 223. The Entire Tribunal petition is also defective as filed because Petitioner failed to properly complete paragraphs 16 and 18 of the petition form. Consequently, an amended Entire Tribunal petition would also be required.
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MTT Docket No. 24-004042 Page 2 of 2 IT IS FURTHER ORDERED that the January 22,
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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 Asset Link LLC, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-004042 Kimball Township, Presiding Judge Respondent. Patricia L. Halm ORDER VACATING MARCH 25, 2025 ORDER HOLDING PETITIONER IN DEFAULT ORDER VACATING JANUARY 22, 2025 NOTICE OF DOCKET NUMBER ORDER SETTING ASIDE PETITIONER’S JANUARY 14, 2025 DEFAULT The Tribunal has reviewed the file in this case and finds that it entered an order holding Petitioner in default on March 25, 2025, for failing to file proof evidencing service of the Entire Tribunal petition, as required by TTR 227. The Tribunal erred in the entry of this order, as well as the entry of the Entire Tribunal Notice of Docket Number that was issued on January 22, 2025. Although Petitioner filed an Entire Tribunal petition on January 21, 2025, this case, which was severed from Docket No. 23-002484 on October 31, 2024, is currently pending in the Small Claims Division. If Petitioner wishes to have the severed case heard in the Entire Tribunal, they must file a motion to transfer with the required $25.00 motion fee, and pay the fee required for the filing of the Entire Tribunal petition.1 Moreover, one day after filing the Entire Tribunal petition, Petitioner e-filed a Small Claims petition, which was assigned to Docket No. 25-000065. That case has since been dismissed as a duplicate appeal, and the e-filed Small Claims petition has been placed on this docket. Given that the filed Entire Tribunal petition is not properly pending before the Tribunal, and a Small Claims petition has been filed, albeit in the wrong docket, the Tribunal finds that Petitioner has complied with the Tribunal’s October 31, 2024, and January 14, 2025 orders, as required by TTR 237. As such, the Tribunal finds good cause to vacate the March 25, 2025 Order of Default and the January 22, 2025 Entire Tribunal Notice of Docket Number and set Petitioner’s January 14, 2025 default aside. Therefore, IT IS ORDERED that the March 25, 2025 Order Holding Petitioner in Default is VACATED. 1 See TTR 223. The Entire Tribunal petition is also defective as filed because Petitioner failed to properly complete paragraphs 16 and 18 of the petition form. Consequently, an amended Entire Tribunal petition would also be required.
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MTT Docket No. 24-004042 Page 2 of 2 IT IS FURTHER ORDERED that the January 22,
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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 Asset Link LLC, Petitioner, MICHIGAN TAX TRIBUNAL ENTIRE TRIBUNAL v MTT Docket No. 24-004042 Township Of Kimball, Respondent. ORDER OF DEFAULT The Tribunal has reviewed the file in the above-captioned case and finds that: Petitioner failed to file proof evidencing service of the petition. See TTR 221. The Tribunal finds that placing Petitioner in default, rather than dismissal of this case, may effectuate the efficient administration of this appeal. As such, Petitioner must submit the proof of service within 14 days of the entry of this Order. Tribunal rules and information on Entire Tribunal petitions can be found on our website at www.michigan.gov/taxtrib. Therefore, IT IS ORDERED that Petitioner is HELD IN DEFAULT. IT IS FURTHER ORDERED that the defaulted party shall cure the default, as indicated above, within 14 days of the entry of this Order.i 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). By:_______________________________ Entered: March 25, 2025 Patricia L. Halm, Tribunal Chair
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MTT Docket No. 24-004042 Page 2 of 6 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 i “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
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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 Asset Link LLC, Petitioner, MICHIGAN TAX TRIBUNAL v MTT Docket No.: 24-004042 Township Of Kimball, Respondent. NOTICE OF DOCKET NUMBER TAKE NOTICE that an Entire Tribunal petition has been filed and the above-noted docket number has been assigned to that petition. This docket number shall be noted on the petition and the petition shall be served within 45 days of the issuance of this Notice, as required by TTR 221 and MCL 205.735a, even if the petition was served when filed. A proof of service shall also be filed with the Tribunal within 45 days of the issuance of this Notice evidencing the service of the petition. If you submitted a proof of service with the petition, you must still serve the petition and file a second proof of service including the docket number, pursuant to this Notice. Failure to serve the petition and file a proof of service within 45 days of the issuance of the Notice may result in the dismissal of this case. Under TTR 229(1), “[t]he respondent shall file an answer or responsive motion within 28 days after the date of service of the petition with noted docket number.” Failure to do so will result in Respondent being placed in default. The docket number also needs to be noted on all other documents submitted in this case. Further, the assignment of the docket number does not mean that the Tribunal has authority over the petition or that the petition complies with statutory requirements or the Tribunal’s rules. By: __Tribunal Clerk________ Entered: January 22, 2025 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
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR PROPERTY TAX APPEAL PETITION FORM VALUATION / EXEMPTION / CLASSIFICATION APPEAL MOAHR DOCKET NO. Do not use this form to appeal Principal Residence Exemption, Qualified Agricultural Exemption, Special Assessment, or Non-Property tax disputes. Pursuant to Michigan Tax Tribunal Rule (TTR) 277(3), you MUST submit a copy of the notice giving rise to the appeal (e.g. Board of Review Decision or Notice of Uncapping) with this Small Claims Petition, if applicable. If you do not submit this document, you may be held in default. Section 1: Petitioner’s Contact Information Filer Type: Individual First Name Asset Link, M.I. T Last Name/Company Name LLC Mailing Address (No., Street, P.O. Box or Rural Route) 2014 Holland Ave Unit 379 City or Town Port Huron State Michigan ZIP Code 48060 Telephone Number 8106504843 Fax Number E-mail Address jtbreo@gmail.com Section 2: Petitioner’s Attorney/Authorized Representative’s Contact Information First Name Joseph M.I. Last Name Bauer Firm Name (if any) Address (No., Street, P.O. Box or Rural Route) 9204 Sherbourne Ln City or Town Sherrills Ford State North Carolina ZIP Code 28673 Telephone Number 810-650-4843 Fax Number E-mail Address jtbreo@gmail.com Section 3: Subject Property Information How many parcels are you appealing? 1 If you are appealing more than one parcel, are they contiguous or adjoining? *If no, you must file separate appeals for each non-contiguous or non-adjoining parcel. Property Address (No., Street, City, ST, ZIP) [If multiple, list first property’s address] 1858 Omar
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR Kimball Michigan Taxing Authority (City or Township) Township Of Kimball (SAINT CLAIR) County Saint Clair Section 4: Issues Being Appealed (check all that apply) True Cash and Taxable Value, Uncapping of Taxable Value Section 5: Explain the Reason for this Appeal SEV and TV were appealed in 2023 docket # 23-002484 and established to be $87,500 Twp assessor nor county treasure made the adjustment. We ask that SEV and TV be adjusted to $87,500 to reflect TCV of $175K as determined by docket 23- 002484 and capped. Section 6: Jurisdictional Issues Year(s) you are appealing: 2024 Did you protest the assessment at a Board of Review (BOR)? No If Yes, check which BOR you attended AND upload the BOR decision: If No, check the applicable reason(s): Appealing within 35 days of State Tax Commission Order Did you request a Poverty Exemption at the BOR? If Yes, check which BOR considered your application AND upload the BOR
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STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR Asset Link, LLC Petitioner(s) , MICHIGAN TAX TRIBUNAL MTT Docket No.24-004042 Kimball Township Respondent(s) ENTIRE TRIBUNAL PROPERTY TAX PETITION 1. Property Parcel No: 74-25-715-0014-000 (If more than one parcel is at issue, attach a completed Multiple Parcel Petition Form addressing all other parcels at issue.) 2. The property identified above is x real personal. 3. If more than one parcel of real property is under appeal, are the properties contiguous? ___Yes ___No. (If no, separate Petitions are required for each non- contiguous parcel.) 4. Are all of the parcels of personal property located on a parcel of real property under appeal? ___Yes ___ No. (If no, separate Petitions are required for each parcel of personal property not located on a parcel of real property under appeal.) 5. If parcels of personal property are under appeal, when were the personal property statements filed by parcel number (attach additional page if necessary): 6. The property identified above is classified as Residential 7. If the assessment or assessments at issue were protested, the protest was made to Respondent's March July December Board of Review. 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
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MTT Docket No. 24-004042 Page 2 of 4 8. 10. 14; 12. 13. 14. If a protest was required and no protest was made, list the separate and specific facts upon which Petitioner relies to invoke the Tribunal’s authority over the assessment or assessments at issue (attach additional page if necessary): Tribunal requested "Severed Petition" from docket #23-002484 If the appeal was not submitted by the deadline for the filing of an appeal for the classification or classifications of the properties at issue (i.e., May 31 or July 31 of the tax year involved), list the separate and specific facts upon which Petitioner relies to invoke the Tribunal’s authority over the assessment or assessments at issue (attach additional page if necessary): The property or properties at issue are located in _Saint Clair County. Th property or properties’ address is: 1858 Omar Kimball Twp. MI 48074 [0] The assessment or assessments at issue were established by the (applicable local governmental unit): Kimball Township Petitioner's legal residence or principal office address is: Asset Link, LLC 2014 Holland Ave Unit 379 Port Huron, MI 48060 This appeal involves issues relating to the (check all that are
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 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 Asset Link LLC, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-004042 Kimball Township, Presiding Judge Respondent. Patricia L. Halm ORDER HOLDING PETITIONER IN DEFAULT The Tribunal has reviewed the file in this case and finds that the Tribunal severed the above-captioned docket from docket number 23-002484 on October 31, 2024. The order severing this case required Petitioner to file a petition pertaining to the 2024 tax year within 21 days of entry of the order. Petitioner failed to respond or submit a petition. Though the Tribunal finds an extension of time to file the petition is appropriate under TTR 231(1), Petitioner shall be placed in default. Additionally, 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 the dismissal of this case for failure to timely comply with this order.1 Therefore, IT IS ORDERED that Petitioner is held in DEFAULT. IT IS FURTHER ORDERED that Petitioner must file a petition pertaining to the 2024 tax year within 21 days of entry of this Order. The petition shall note the docket number assigned by the Tribunal for the 2024 tax year and, if filed utilizing the Tribunal’s e-filing system, must be filed on the assigned 2024 docket number as a “Severed Petition.” Failure to comply with this Order will result in the dismissal of this case.2 Entered: January 14, 2025 By _____________________________ bw 1 See Grimm v Dep’t of Treasury, 291 Mich App 140 (2010). 2 TTR 231(1). See also MCL 205.732.
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MTT Docket No. 24-004042 Page 2 of 2 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
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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 Asset Link LLC, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket Nos. 23-002484 & 24-004042 Kimball Township, Presiding Judge Respondent. Patricia L. Halm FINAL OPINION AND JUDGMENT ORDER SEVERING 2024 TAX YEAR AND ASSIGNING IT DOCKET NUMBER 24-004042 The Tribunal issued a Proposed Opinion and Judgment (POJ) on August 23, 2024. The POJ states, in pertinent part, “[t]he parties have 20 days from date of entry of this POJ to notify the Tribunal in writing, by mail or by electronic filing, if available, if they do not agree with the POJ and to state in writing why they do not agree with the POJ (i.e., exceptions).” Neither party has filed exceptions to the POJ. The Administrative Law Judge (ALJ) considered the testimony and evidence submitted and made specific findings of fact and conclusions of law pertaining to the 2023 tax year. The ALJ’s determination is supported by the testimony, evidence and applicable statutory and case law. Petitioner’s testimony was the only relevant evidence provided for the 2024 tax year, however, and it was not sufficient to make a value determination for that year. “The Tribunal may not automatically accept a respondent's assessment, but must make its own findings of fact and arrive at a legally supportable true cash value.”1 As such, the Tribunal shall sever the 2024 tax year, assign it a new docket number, and parties will be ordered to file pleadings specific to the 2024 tax year. Given the above, the Tribunal adopts the POJ, pertaining to the 2023 tax year, as the Tribunal’s final decision in this case.2 The Tribunal also incorporates by reference the Findings of Fact and Conclusions of Law contained in the POJ in this Final Opinion and Judgment. As a result: 1 Jones & Laughlin Steel Corp v City of Warren, 193 Mich App 348, 355; 483 NW2d 416 (1992) (Citing Pinelake Housing Cooperative v Ann Arbor, 159 Mich App 208, 220; 406 NW2d 832 (1987)); Consolidated Aluminum Corp v Richmond Twp, 88 Mich App 229, 232-233; 276 NW2d 566 (1979)). 2 See MCL 205.726.
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MTT Docket Nos. 23-002484 & 24-004042 Page 2 of 4 a. The property’s true cash value (TCV), state equalized value (SEV), and taxable value (TV), as established by the Board of Review for the tax year at issue, are as follows: Parcel Number:
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MTT Docket Nos.
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MTT
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