Christopher Wright, Petitioner V City Of Detroit, Respondent
- Petitioner
- Christopher Wright
- Respondent
- City Of Detroit
Case overview
- Docket number
- 24-003430-TT
- Status
- Disposed
- CaseType
- SC Property
- Division
- Small Claims Division
- County
- Wayne
- Judge
- No judge assigned
Docket history
| Line # | Subject | Filer | Line Ref | Enter Date/Post Mark | Fee | Related Item |
|---|---|---|---|---|---|---|
| 7 | Order of Dismissal | Not recorded | Not recorded | 02/13/2025 | Not recorded | Download |
| 6 | Order Holding Petitioner in Default | Not recorded | Not recorded | 01/14/2025 | Not recorded | Download |
| 5 | Order Updating Docket | Not recorded | Not recorded | 10/17/2024 | Not recorded | Download |
| 4 | Granted | PET | 2 | 10/17/2024 | Not recorded | Download |
| 3 | Order granting Motion. | Not recorded | 2 | 10/17/2024 | Not recorded | Download |
| 2 | Motion to Withdraw Counsel was received. | PET | Not recorded | 09/18/2024 | Not recorded | Download |
| 1 | Order Severing From 23-002927 | Not recorded | Not recorded | 09/13/2024 | Not recorded | Download |
Documents
Read document text excerpt
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 Christopher Wright, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003430 City of Detroit, Presiding Judge Respondent. Patricia L. Halm ORDER OF DISMISSAL The Tribunal has considered the file in this case and finds that the 2024 tax year was severed into this case from the Final Opinion and Judgment issued in MTT Docket No. 23-002927 on September 13, 2024. Petitioner was ordered to file a severed docket petition within 21 days of that order. Petitioner was given ample time to respond, but no petition was filed. On January 14, 2025, the Tribunal entered an order placing Petitioner in default. Petitioner was given an additional 14 days to cure the default, and they did not respond. Petitioner has not complied with either order, and the latter stated that failure to comply will result in the dismissal of this case. In Grimm v Dep’t of Treasury,1 the Michigan Court of Appeals summarized factors that the Tribunal should 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 Here, Petitioner’s failure to comply with multiple orders has established a history of deliberate delay and prejudice to the opposing party. 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 in light of Petitioner’s history of noncompliance in this case. 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.
Page 2
MTT Docket No. 24-003430 Page 2 of 2 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 at least 50% at the time the petition was filed or the decision relates to the grant or denial of a poverty or disabled veterans exemption and, if so, there is no filing fee. You are required to serve a copy of the motion on the opposing party by mail or personal service or by email if the opposing party agrees to electronic service, and proof demonstrating that service must be submitted with the motion. Responses to motions for reconsideration are prohibited and there are no oral arguments unless otherwise ordered by the Tribunal. Alternatively, 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: February 13, 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
These are text excerpts, not the complete document. Text recognition and reading order can contain errors. Check the PDF for complete wording, formatting, and context.
Read document text excerpt
Page 1
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 Christopher Wright, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003430 City of Detroit, 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 23-002927 on September 13, 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.
Page 2
MTT Docket No. 24-003430 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
These are text excerpts, not the complete document. Text recognition and reading order can contain errors. Check the PDF for complete wording, formatting, and context.
Read document text excerpt
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 Christopher Wright, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003430 City of Detroit, Presiding Judge Respondent. Patricia L. Halm ORDER GRANTING NEIGHBORHOOD LAW CLINIC’S MOTION TO WITHDRAW AS REPRESENTATIVE ORDER UPDATING DOCKET On September 18, 2024, Tessa Henson of the Neighborhood Law Clinic filed a motion in the form of a joint stipulation for withdrawal requesting that the Tribunal permit them to withdraw as representative of Petitioner in the above-captioned case. The stipulation was signed by Petitioner. Respondent has not filed a response to the motion. The Tribunal has considered the motion and the case file and finds that “an attorney or authorized representative may withdraw from a contested case or be substituted for by stipulation or order of the tribunal.”1 In this case, the joint stipulation provides good cause to grant the Neighborhood Law Clinic’s request. Further, the Neighborhood Law Clinic provided proof of service demonstrating that they have advised their client and Respondent of their intent to withdraw as representative, and such withdrawal has not been opposed by either party. Therefore, IT IS ORDERED that the Neighborhood Law Clinic’s Motion to Withdraw as Representative is GRANTED. IT IS FURTHER ORDERED that the docket shall be updated to reflect Petitioner’s contact information as: 16501 West Parkway, Detroit Michigan 48219; cjwdetroit@live.com. Entered: October 17, 2024 By ____________________________ ssm/bm 1 TTR 223(4).
Page 2
MTT Docket No. 24-003430 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 provide by those parties, attorneys, or authorized representatives. By: Tribunal Clerk
These are text excerpts, not the complete document. Text recognition and reading order can contain errors. Check the PDF for complete wording, formatting, and context.
Read document text excerpt
Page 1
STATE OF MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MICHIGAN TAX TRIBUNAL _____________________________________________________________________________ CHRISTOPHER WRIGHT, Petitioner, v. MOAHR Docket No. 24-003430 CITY OF DETROIT, Respondent. _____________________________________________________________________________ STIPULATION FOR WITHDRAWAL OF REPRESENTATIVE _____________________________________________________________________________ PLEASE TAKE NOTICE that the Neighborhood Law Clinic hereby withdraws as the authorized representative of Petitioner Christopher Wright in the above-captioned case. Respectfully submitted this 18th day of September, 2024. ______________ ________________ Electronically signed by Tessa Henson Christopher Wright, Petitioner Tessa Henson 16501 West Parkway Neighborhood Law Clinic Detroit, 48219 975 Bascom Mall cjwdetroit@live.com Madison, WI 53706 (313) 478-3215 tmhenson@wisc.edu (608)262-5346 I certify that on this date I served a copy of this stipulation, and any additional documentation, on the opposing party or their representative. September 18, 2024 Electronically signed by Tessa Henson Date Tessa Henson
These are text excerpts, not the complete document. Text recognition and reading order can contain errors. Check the PDF for complete wording, formatting, and context.
Read document text excerpt
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 Christopher Wright, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003430 City of Detroit, Presiding Judge Respondent. Patricia L. Halm ORDER GRANTING NEIGHBORHOOD LAW CLINIC’S MOTION TO WITHDRAW AS REPRESENTATIVE ORDER UPDATING DOCKET On September 18, 2024, Tessa Henson of the Neighborhood Law Clinic filed a motion in the form of a joint stipulation for withdrawal requesting that the Tribunal permit them to withdraw as representative of Petitioner in the above-captioned case. The stipulation was signed by Petitioner. Respondent has not filed a response to the motion. The Tribunal has considered the motion and the case file and finds that “an attorney or authorized representative may withdraw from a contested case or be substituted for by stipulation or order of the tribunal.”1 In this case, the joint stipulation provides good cause to grant the Neighborhood Law Clinic’s request. Further, the Neighborhood Law Clinic provided proof of service demonstrating that they have advised their client and Respondent of their intent to withdraw as representative, and such withdrawal has not been opposed by either party. Therefore, IT IS ORDERED that the Neighborhood Law Clinic’s Motion to Withdraw as Representative is GRANTED. IT IS FURTHER ORDERED that the docket shall be updated to reflect Petitioner’s contact information as: 16501 West Parkway, Detroit Michigan 48219; cjwdetroit@live.com. Entered: October 17, 2024 By ____________________________ ssm/bm 1 TTR 223(4).
Page 2
MTT Docket No. 24-003430 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 provide by those parties, attorneys, or authorized representatives. By: Tribunal Clerk
These are text excerpts, not the complete document. Text recognition and reading order can contain errors. Check the PDF for complete wording, formatting, and context.
Read document text excerpt
Page 1
STATE OF MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MICHIGAN TAX TRIBUNAL _____________________________________________________________________________ CHRISTOPHER WRIGHT, Petitioner, v. MOAHR Docket No. 24-003430 CITY OF DETROIT, Respondent. _____________________________________________________________________________ STIPULATION FOR WITHDRAWAL OF REPRESENTATIVE _____________________________________________________________________________ PLEASE TAKE NOTICE that the Neighborhood Law Clinic hereby withdraws as the authorized representative of Petitioner Christopher Wright in the above-captioned case. Respectfully submitted this 18th day of September, 2024. ______________ ________________ Electronically signed by Tessa Henson Christopher Wright, Petitioner Tessa Henson 16501 West Parkway Neighborhood Law Clinic Detroit, 48219 975 Bascom Mall cjwdetroit@live.com Madison, WI 53706 (313) 478-3215 tmhenson@wisc.edu (608)262-5346 I certify that on this date I served a copy of this stipulation, and any additional documentation, on the opposing party or their representative. September 18, 2024 Electronically signed by Tessa Henson Date Tessa Henson
These are text excerpts, not the complete document. Text recognition and reading order can contain errors. Check the PDF for complete wording, formatting, and context.
Read document text excerpt
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 Christopher Wright, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket Nos. 23-002927 & 24-003430 City of Detroit, Presiding Judge Respondent. Patricia L. Halm FINAL OPINION AND JUDGMENT ORDER SEVERING 2024 TAX YEAR AND ASSIGNING IT DOCKET NUMBER 24-003430 The Tribunal issued a Proposed Opinion and Judgment (POJ) on July 9, 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 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. Neither party provided any relevant evidence of value for the 2024 tax year, however, and “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.
Page 2
MTT Docket Nos. 23-002927 & 24-003430 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: 22119391.002 Year TCV SEV TV 2023 $27,000 $13,500 $10,981 b. The property’s TCV, SEV, and TV, as determined by the Tribunal for the tax year at issue, are as follows: Parcel Number: 22119391.002 Year TCV SEV TV 2023 $17,000 $8,500 $8,500 IT IS SO ORDERED. IT IS FURTHER ORDERED that the 2024 tax year shall be SEVERED and assigned Docket No. 24-003430. IT IS FURTHER ORDERED that Petitioner shall file a petition pertaining to the 2024 tax year within 21 days of entry of this Order.3 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.” IT IS FURTHER ORDERED that the Tribunal shall issue a Notice of Docket after receipt of the petition. IT IS FURTHER ORDERED that the officer charged with maintaining the assessment rolls for the 2023 tax year shall correct or cause the assessment rolls to be corrected to reflect the property’s true cash and taxable values within 20 days of entry of this Final Opinion and Judgment, subject to the processes of equalization.4 To the extent that the final level of assessment for a given year has not yet been determined and published, the assessment rolls shall be corrected once the final level is published or becomes known. IT IS FURTHER ORDERED that the officer charged with collecting or refunding the affected taxes shall collect taxes and any applicable interest or issue a refund within 28 days of entry of this Final Opinion and Judgment. If a refund is warranted, it shall include a proportionate share of any property tax administration fees paid and penalty and interest paid on delinquent taxes. The refund shall also separately indicate the 3 Alternatively, the petition may be downloaded from the Tribunal’s website and mailed to the Tribunal via United States Postal Service at: Michigan Tax Tribunal, PO BOX 30232, Lansing, MI 48909. The petition may also be delivered to the Tribunal via overnight carrier (UPS, FedEx, or DHL) at: Michigan Tax Tribunal, 2nd Floor MTT, 2407 N. Grand River Avenue, Lansing, MI 48933. 4 See MCL 205.755.
Page 3
MTT Docket Nos. 23-002927 & 24-003430 Page 3 of 4 amount of the taxes, fees, penalties, and interest being refunded. A sum determined by the Tribunal to have been unlawfully paid shall bear interest from the date of payment to the date of judgment, and the judgment shall bear interest to the date of its payment. A sum determined by the Tribunal to have been underpaid shall not bear interest for any time period prior to 28 days after the issuance of this Final Opinion and Judgment. Pursuant to MCL 205.737, interest shall accrue (i) after December 31, 2020, through June 30, 2022, at the rate of 4.25%, (ii) after June 30, 2022, through December 31, 2022, at the rate of 4.27%, (iii) after December 31, 2022, through June 30, 2023, at the rate of 5.65%, (iv) after June 30, 2023, through December 31, 2023, at the rate of 8.25%, (v) after December 31, 2023, through June 30, 2024, at the rate of 9.30%, and (vi) after June 30, 2024, through December 31, 2024, at the rate of 9.50%. This Final Opinion and Judgment resolves all pending claims in this matter and closes Docket No. 23-002927. APPEAL RIGHTS If you disagree with the final
Page 4
MTT
These are text excerpts, not the complete document. Text recognition and reading order can contain errors. Check the PDF for complete wording, formatting, and context.