Record Finder / 24-003386-TT
Michigan
Fs Associates LLC, Petitioner V City Of Detroit, Respondent
- Petitioner
- Fs Associates LLC
- Respondent
- City Of Detroit
Case overview
- Docket number
- 24-003386-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 |
|---|---|---|---|---|---|---|
| 23 | Denied | PET | 21 | 02/24/2025 | Not recorded | Download |
| 22 | Order Denying Motion | Not recorded | 21 | 02/24/2025 | Not recorded | Download |
| 21 | Motion for Reconsideration was received. | PET | 19 | 01/29/2025 | $25.00 | Download |
| 20 | Appearance | PET | Not recorded | 01/29/2025 | Not recorded | Download |
| 19 | Order of Dismissal | Not recorded | Not recorded | 01/08/2025 | Not recorded | Download |
| 18 | Order extending default | Not recorded | Not recorded | 12/05/2024 | Not recorded | Download |
| 17 | Order Holding Petitioner in Default | Not recorded | Not recorded | 11/07/2024 | Not recorded | Download |
| 16 | Notice of No Action | Not recorded | Not recorded | 11/07/2024 | Not recorded | Download |
| 15 | Vacated | Not recorded | 9 | 11/07/2024 | Not recorded | Download |
| 14 | Order Vacating 10/11/24 Order Extending Time to Cure Default | Not recorded | 9 | 11/07/2024 | Not recorded | Download |
| 13 | Vacated | Not recorded | 5 | 11/07/2024 | Not recorded | Download |
| 12 | Order Vacating 9/10/24 Order of Default | Not recorded | 5 | 11/07/2024 | Not recorded | Download |
| 11 | Vacated | Not recorded | 3 | 11/07/2024 | Not recorded | Download |
| 10 | Order Vacating 9/10/24 NNA | Not recorded | 3 | 11/07/2024 | Not recorded | Download |
| 9 | Order extending default | Not recorded | Not recorded | 10/11/2024 | Not recorded | Download |
| 8 | Notice of Filing | Not recorded | Not recorded | 10/02/2024 | Not recorded | Download |
| 7 | Attachments to the Answer were filed | Not recorded | Not recorded | 09/19/2024 | Not recorded | Download |
| 6 | Answer was received | Not recorded | Not recorded | 09/19/2024 | Not recorded | Download |
| 5 | Order of Default of Petitioner | Not recorded | Not recorded | 09/10/2024 | Not recorded | Download |
| 4 | Petition has been verified | PET | 1 | 09/10/2024 | Not recorded | Download |
| 3 | Notice of No Action | Not recorded | Not recorded | 09/10/2024 | Not recorded | Download |
| 2 | Notice of Docket Number SC | Not recorded | Not recorded | 09/10/2024 | Not recorded | Download |
| 1 | A petition was received. | PET | Not recorded | 05/30/2024 | $200.00 | Download |
Documents
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RECEIVED Tranlnfo:qé06 25920508-1 01/31/25 FEB 04 2025 Chit: 1842 Ant: $25.00 Petitioner’s Appearance of Counsel ID: JOSHUA SHILLAIR FS Associates LLC v City of Detroit MTT Docket No. 24-003386 MICHIGAN TAX TRIBUNAL STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN TAX TRIBUNAL FS Associates LLC, Petitioner, v MTT Docket No. 24-003386 City of Detroit, Respondent. / Joshua T. Shillair, Esq., (P72674) City of Detroit Of Colliers International Assessor’s Office Representative for Petitioner Representative for Respondent 400 W 4 St, Suite 350 2 Woodward Ave, Suite 804 Royal Oak, MI 48067 CAYMC 0: 248-226-1632 Detroit, MI 48226 C: 517-202-5500 0:313-224-3011 F: 248-226-1633 Joshua.shillair@colliers.com / APPEARANCE OF PETITIONER’S COUNSEL Now comes Colliers International, by Joshua T. Shillair, Esq., on behalf of Petitioner, FS Associates LLC, and making an appearance as Petitioner’s counsel. Please send all mail and make all correspondence for this appeal with Mr, Shillair as follows: Colliers International Attn: Joshua T. Shillair, Esq. 400 W 4 St, Suite 350 Southfield, MI 48067 Office: 248-226-1632 Cell: 517-202-5500 Fax: 248-226-1633 Joshua.shillair@colliers.com Petitioner’s y sel Petitioner’s Consent to Counsel’s Appearance Signed: Dated: 1/29/2025 Signed: An A eZ 3M ated: 1/29/2025 Joshua T. Shiflair, Esq. for Colliers Intemational David L. Steuer
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Petitioner’s Motion for Reconsideration & Proof of Service ES Associates LLC v City of Detroit MTT Docket No. 24-003386 STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN TAX TRIBUNAL FS Associates LLC, Petitioner, v MTT Docket No. 24-003386 City of Detroit, Respondent. / Joshua T. Shillair, Esq., (P72674) City of Detroit Of Colliers International Assessor’s Office Representative for Petitioner Representative for Respondent 400 W 4% St, Suite 350 2 Woodward Ave, Suite 804 Royal Oak, MI 48067 CAYMC 0: 248-226-1632 Detroit, MI 48226 C: 517-202-5500 0: 313-224-3011 F: 248-226-1633 assessorscbdcommercial@detroitmi.gov Joshua.shillair@colliers.com dismuked@detroitmi.gov / PETITIONER’S MOTION FOR RECONSIDERATION NOW COMES Petitioner, FS Associates LLC, by and through its Representative Colliers International by Joshua T. Shillair, Esq., and states the following in support of its Motion for Reconsideration: 1. On January 8, 2025 this Honorable Tribunal issued an Order of Dismissal in this immediate appeal, dismissing this immediate appeal for Petitioner’s failure to comply with a
Page 3
Petiti
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24-003386 Recon.pdfRead complete document text →
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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 FS Associates LLC, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003386 City of Detroit, Presiding Judge Respondent. Marcus L. Abood ORDER DENYING PETITIONER’S MOTION FOR RECONSIDERATION On January 29, 2025, Petitioner filed a motion requesting that the Tribunal reconsider the Order of Dismissal (order) entered in this case on January 8, 2025. In the motion, Petitioner states that neither Petitioner nor their attorney received a copy of the Tribunal’s December 5, 2024 Order Extending Time for Petitioner to Cure Default. The Tribunal has considered the motion and the case file and finds that Petitioner has not shown good cause to grant the motion. Petitioner’s response at this late juncture is wholly insufficient to support a finding that the Tribunal palpably erred in its dismissal. Petitioner’s response does not show legal error in the order. Petitioner’s response does not address Petitioner’s failure to respond to the November 7, 2024 Order Placing Petitioner in Default. Petitioner’s response fails to cure the default because it does not include materials previously requested by the Tribunal and of which Petitioner now has indisputable notice, including an amended petition, additional required petition filing fee, proof of service of the petition under TTR 221, a motion to set aside default, or proof of service of a motion to set aside default. 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 1 See MCR 2.119(F)(3). A palpable error is one that is “easily perceptible, plain, obvious, readily visible, noticeable, patent, distinct, or manifest.” Luckow v
Page 2
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RECEIVED Tranlnfo:qé06 25920508-1 01/31/25 FEB 04 2025 Chit: 1842 Ant: $25.00 Petitioner’s Appearance of Counsel ID: JOSHUA SHILLAIR FS Associates LLC v City of Detroit MTT Docket No. 24-003386 MICHIGAN TAX TRIBUNAL STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN TAX TRIBUNAL FS Associates LLC, Petitioner, v MTT Docket No. 24-003386 City of Detroit, Respondent. / Joshua T. Shillair, Esq., (P72674) City of Detroit Of Colliers International Assessor’s Office Representative for Petitioner Representative for Respondent 400 W 4 St, Suite 350 2 Woodward Ave, Suite 804 Royal Oak, MI 48067 CAYMC 0: 248-226-1632 Detroit, MI 48226 C: 517-202-5500 0:313-224-3011 F: 248-226-1633 Joshua.shillair@colliers.com / APPEARANCE OF PETITIONER’S COUNSEL Now comes Colliers International, by Joshua T. Shillair, Esq., on behalf of Petitioner, FS Associates LLC, and making an appearance as Petitioner’s counsel. Please send all mail and make all correspondence for this appeal with Mr, Shillair as follows: Colliers International Attn: Joshua T. Shillair, Esq. 400 W 4 St, Suite 350 Southfield, MI 48067 Office: 248-226-1632 Cell: 517-202-5500 Fax: 248-226-1633 Joshua.shillair@colliers.com Petitioner’s y sel Petitioner’s Consent to Counsel’s Appearance Signed: Dated: 1/29/2025 Signed: An A eZ 3M ated: 1/29/2025 Joshua T. Shiflair, Esq. for Colliers Intemational David L. Steuer
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Petitioner’s Motion for Reconsideration & Proof of Service ES Associates LLC v City of Detroit MTT Docket No. 24-003386 STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN TAX TRIBUNAL FS Associates LLC, Petitioner, v MTT Docket No. 24-003386 City of Detroit, Respondent. / Joshua T. Shillair, Esq., (P72674) City of Detroit Of Colliers International Assessor’s Office Representative for Petitioner Representative for Respondent 400 W 4% St, Suite 350 2 Woodward Ave, Suite 804 Royal Oak, MI 48067 CAYMC 0: 248-226-1632 Detroit, MI 48226 C: 517-202-5500 0: 313-224-3011 F: 248-226-1633 assessorscbdcommercial@detroitmi.gov Joshua.shillair@colliers.com dismuked@detroitmi.gov / PETITIONER’S MOTION FOR RECONSIDERATION NOW COMES Petitioner, FS Associates LLC, by and through its Representative Colliers International by Joshua T. Shillair, Esq., and states the following in support of its Motion for Reconsideration: 1. On January 8, 2025 this Honorable Tribunal issued an Order of Dismissal in this immediate appeal, dismissing this immediate appeal for Petitioner’s failure to comply with a
Page 3
Petiti
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RECEIVED Tranlnfo:qé06 25920508-1 01/31/25 FEB 04 2025 Chit: 1842 Ant: $25.00 Petitioner’s Appearance of Counsel ID: JOSHUA SHILLAIR FS Associates LLC v City of Detroit MTT Docket No. 24-003386 MICHIGAN TAX TRIBUNAL STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN TAX TRIBUNAL FS Associates LLC, Petitioner, v MTT Docket No. 24-003386 City of Detroit, Respondent. / Joshua T. Shillair, Esq., (P72674) City of Detroit Of Colliers International Assessor’s Office Representative for Petitioner Representative for Respondent 400 W 4 St, Suite 350 2 Woodward Ave, Suite 804 Royal Oak, MI 48067 CAYMC 0: 248-226-1632 Detroit, MI 48226 C: 517-202-5500 0:313-224-3011 F: 248-226-1633 Joshua.shillair@colliers.com / APPEARANCE OF PETITIONER’S COUNSEL Now comes Colliers International, by Joshua T. Shillair, Esq., on behalf of Petitioner, FS Associates LLC, and making an appearance as Petitioner’s counsel. Please send all mail and make all correspondence for this appeal with Mr, Shillair as follows: Colliers International Attn: Joshua T. Shillair, Esq. 400 W 4 St, Suite 350 Southfield, MI 48067 Office: 248-226-1632 Cell: 517-202-5500 Fax: 248-226-1633 Joshua.shillair@colliers.com Petitioner’s y sel Petitioner’s Consent to Counsel’s Appearance Signed: Dated: 1/29/2025 Signed: An A eZ 3M ated: 1/29/2025 Joshua T. Shiflair, Esq. for Colliers Intemational David L. Steuer
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Petitioner’s Motion for Reconsideration & Proof of Service ES Associates LLC v City of Detroit MTT Docket No. 24-003386 STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN TAX TRIBUNAL FS Associates LLC, Petitioner, v MTT Docket No. 24-003386 City of Detroit, Respondent. / Joshua T. Shillair, Esq., (P72674) City of Detroit Of Colliers International Assessor’s Office Representative for Petitioner Representative for Respondent 400 W 4% St, Suite 350 2 Woodward Ave, Suite 804 Royal Oak, MI 48067 CAYMC 0: 248-226-1632 Detroit, MI 48226 C: 517-202-5500 0: 313-224-3011 F: 248-226-1633 assessorscbdcommercial@detroitmi.gov Joshua.shillair@colliers.com dismuked@detroitmi.gov / PETITIONER’S MOTION FOR RECONSIDERATION NOW COMES Petitioner, FS Associates LLC, by and through its Representative Colliers International by Joshua T. Shillair, Esq., and states the following in support of its Motion for Reconsideration: 1. On January 8, 2025 this Honorable Tribunal issued an Order of Dismissal in this immediate appeal, dismissing this immediate appeal for Petitioner’s failure to comply with a
Page 3
Petiti
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24-003386 dismiss.pdfRead complete document text →
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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 FS Associates LLC, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003386 City of Detroit, Presiding Judge Respondent. Patricia L. Halm ORDER OF DISMISSAL The Tribunal has considered the file in this case and finds that Petitioner was placed in default on November 7, 2024, because they failed to properly complete the petition. It also appeared that the appeal was not properly pending in the Small Claims Division, and that Petitioner failed to pay the required petition filing fee. On December 5, 2024, the Tribunal extended the time for Petitioner to cure the default by an additional 14 days and they have failed to respond. Petitioner has not complied with either order, and the latter stated that “failure to comply with this Order shall result in the dismissal of the case . . .” and referenced Grimm v Dep’t of Treasury.1 In Grimm, 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. 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.
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MTT Docket No. 24-003386 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
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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 FS Associates LLC, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003386 City of Detroit, Respondent. ORDER EXTENDING TIME TO CURE DEFAULT The Tribunal has reviewed the file in the above-captioned case and finds that an Order was entered holding a party in default and the defaulted party has failed to timely cure that default. However, no history of deliberate delay had been established prior to that party being held in default. As such, the defaulted party should be given another opportunity to cure the default, as provided by Grimm v Treasury.1 Therefore, IT IS ORDERED that Petitioner shall cure the default as required by the Order holding that party in default and file a Motion to Set Aside Default, with the appropriate filing fee, and proof demonstrating service of the Motion on the opposing party, within 14 days of the entry of this Order. 2 Failure to cure the default, as required by this Order, will result in the dismissal of the case, if Petitioner was held in default, or the conducting of a default hearing, if Respondent was held in default.3 By:_____________ ________________________ Patricia L. Halm, Tribunal Chair Entered: December 5, 2024 1 Grimm v Treasury, 291 Mich App 140 (2010). 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,
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24-003386 vacate.pdfRead complete document text →
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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 FS Associates LLC, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003386 City of Detroit, Presiding Judge Respondent. Patricia L. Halm ORDER VACATING SEPTEMBER 10, 2024 NOTICE OF NO ACTION ORDER VACATING SEPTEMBER 10, 2024 ORDER OF DEFAULT ORDER VACATING OCTOBER 11, 2024 ORDER EXTENDING TIME TO CURE DEFAULT NOTICE OF NO ACTION ORDER HOLDING PETITIONER IN DEFAULT The Tribunal has considered the file in this case and finds that it erred in issuing the Notice of No Action and Order of Default entered in this case on September 10, 2024, and the Order Extending Time to Cure Default entered on October 11, 2024, as the referenced notice and orders were not sent to Petitioner’s authorized representative at his email address of record. The Tribunal also erred in failing to identify and hold Petitioner in default for all of the deficiencies in the submitted Petition. As such, the notice and orders shall be vacated and reissued as appropriate. As a result, the parties shall TAKE NOTICE that Section 2 of the Small Claims Petition form filed in this case identifies an authorized representative for Petitioner, Lawrence Jackier. Mr. Jackier did not sign the Petition, as required by TTR 223, and as such, he has not appeared on behalf of Petitioner. An appearance must be filed, and until the required appearance is filed, the answer, evidence, and all other documentation filed in this case must be served on Petitioner (David Steuer) and not Mr. Jackier. Petitioner also failed to properly complete the Small Claims Petition, as Sections 4, 5, and 6 of the form were not included in Petitioner’s filing. More importantly, it appears that the appeal is not properly pending in the Small Claims Division based on the classification of the property at issue and the indicated amount in dispute.1 To that end, the Petition indicates that the property is classified as commercial, and that the State 1 See MCL 205.762.
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MTT Docket No. 24-003386 Page 2 of 3 Equalized Value (SEV) in dispute is $170,100.2 Because the SEV in dispute exceeds $100,000, the appeal must be filed in the Entire Tribunal. If the indicated amount in dispute is incorrect, Petitioner may file an amended Small Claims Petition
Page 3
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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 FS Associates LLC, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003386 City of Detroit, Presiding Judge Respondent. Patricia L. Halm ORDER VACATING SEPTEMBER 10, 2024 NOTICE OF NO ACTION ORDER VACATING SEPTEMBER 10, 2024 ORDER OF DEFAULT ORDER VACATING OCTOBER 11, 2024 ORDER EXTENDING TIME TO CURE DEFAULT NOTICE OF NO ACTION ORDER HOLDING PETITIONER IN DEFAULT The Tribunal has considered the file in this case and finds that it erred in issuing the Notice of No Action and Order of Default entered in this case on September 10, 2024, and the Order Extending Time to Cure Default entered on October 11, 2024, as the referenced notice and orders were not sent to Petitioner’s authorized representative at his email address of record. The Tribunal also erred in failing to identify and hold Petitioner in default for all of the deficiencies in the submitted Petition. As such, the notice and orders shall be vacated and reissued as appropriate. As a result, the parties shall TAKE NOTICE that Section 2 of the Small Claims Petition form filed in this case identifies an authorized representative for Petitioner, Lawrence Jackier. Mr. Jackier did not sign the Petition, as required by TTR 223, and as such, he has not appeared on behalf of Petitioner. An appearance must be filed, and until the required appearance is filed, the answer, evidence, and all other documentation filed in this case must be served on Petitioner (David Steuer) and not Mr. Jackier. Petitioner also failed to properly complete the Small Claims Petition, as Sections 4, 5, and 6 of the form were not included in Petitioner’s filing. More importantly, it appears that the appeal is not properly pending in the Small Claims Division based on the classification of the property at issue and the indicated amount in dispute.1 To that end, the Petition indicates that the property is classified as commercial, and that the State 1 See MCL 205.762.
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MTT Docket No. 24-003386 Page 2 of 3 Equalized Value (SEV) in dispute is $170,100.2 Because the SEV in dispute exceeds $100,000, the appeal must be filed in the Entire Tribunal. If the indicated amount in dispute is incorrect, Petitioner may file an amended Small Claims Petition
Page 3
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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 FS Associates LLC, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003386 City of Detroit, Respondent. ORDER EXTENDING TIME TO CURE DEFAULT The Tribunal has reviewed the file in the above-captioned case and finds that an Order was entered holding a party in default and the defaulted party has failed to timely cure that default. However, no history of deliberate delay had been established prior to that party being held in default. As such, the defaulted party should be given another opportunity to cure the default, as provided by Grimm v Treasury.1 Therefore, IT IS ORDERED that Petitioner shall cure the default as required by the Order holding that party in default and file a Motion to Set Aside Default, with the appropriate filing fee, and proof demonstrating service of the Motion on the opposing party, within 14 days of the entry of this Order. 2 Failure to cure the default, as required by this Order, will result in the dismissal of the case, if Petitioner was held in default, or the conducting of a default hearing, if Respondent was held in default.3 By:_____________ ________________________ Patricia L. Halm, Tribunal Chair Entered: October 11, 2024 1 Grimm v Treasury, 291 Mich App 140 (2010). 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,
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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 FS Associates LLC, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003386 City of Detroit, Presiding Judge Respondent. Patricia L. Halm ORDER VACATING SEPTEMBER 10, 2024 NOTICE OF NO ACTION ORDER VACATING SEPTEMBER 10, 2024 ORDER OF DEFAULT ORDER VACATING OCTOBER 11, 2024 ORDER EXTENDING TIME TO CURE DEFAULT NOTICE OF NO ACTION ORDER HOLDING PETITIONER IN DEFAULT The Tribunal has considered the file in this case and finds that it erred in issuing the Notice of No Action and Order of Default entered in this case on September 10, 2024, and the Order Extending Time to Cure Default entered on October 11, 2024, as the referenced notice and orders were not sent to Petitioner’s authorized representative at his email address of record. The Tribunal also erred in failing to identify and hold Petitioner in default for all of the deficiencies in the submitted Petition. As such, the notice and orders shall be vacated and reissued as appropriate. As a result, the parties shall TAKE NOTICE that Section 2 of the Small Claims Petition form filed in this case identifies an authorized representative for Petitioner, Lawrence Jackier. Mr. Jackier did not sign the Petition, as required by TTR 223, and as such, he has not appeared on behalf of Petitioner. An appearance must be filed, and until the required appearance is filed, the answer, evidence, and all other documentation filed in this case must be served on Petitioner (David Steuer) and not Mr. Jackier. Petitioner also failed to properly complete the Small Claims Petition, as Sections 4, 5, and 6 of the form were not included in Petitioner’s filing. More importantly, it appears that the appeal is not properly pending in the Small Claims Division based on the classification of the property at issue and the indicated amount in dispute.1 To that end, the Petition indicates that the property is classified as commercial, and that the State 1 See MCL 205.762.
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MTT Docket No. 24-003386 Page 2 of 3 Equalized Value (SEV) in dispute is $170,100.2 Because the SEV in dispute exceeds $100,000, the appeal must be filed in the Entire Tribunal. If the indicated amount in dispute is incorrect, Petitioner may file an amended Small Claims Petition
Page 3
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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 FS Associates LLC, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003386 City of Detroit, Respondent. ORDER OF DEFAULT The Tribunal has reviewed the file in the above-captioned case and finds that: Petitioner did not pay the full required fee for the filing of the petition. See TTR 267. As such, the appeal is not properly pending. Petitioner must pay the additional fee amount required for the filing of the petition within 14 days of the entry of this Order. A filing fee calculator can be found on our website at www.michigan.gov/taxtrib. Unfortunately, the payment may not be made via e-filing. 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: September 10, 2024 Patricia L. Halm, Tribunal Chair
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MTT Docket No. 24-003386 Page 2 of 4 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
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STATE OF
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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 FS Associates LLC, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003386 City of Detroit, Presiding Judge Respondent. Patricia L. Halm ORDER VACATING SEPTEMBER 10, 2024 NOTICE OF NO ACTION ORDER VACATING SEPTEMBER 10, 2024 ORDER OF DEFAULT ORDER VACATING OCTOBER 11, 2024 ORDER EXTENDING TIME TO CURE DEFAULT NOTICE OF NO ACTION ORDER HOLDING PETITIONER IN DEFAULT The Tribunal has considered the file in this case and finds that it erred in issuing the Notice of No Action and Order of Default entered in this case on September 10, 2024, and the Order Extending Time to Cure Default entered on October 11, 2024, as the referenced notice and orders were not sent to Petitioner’s authorized representative at his email address of record. The Tribunal also erred in failing to identify and hold Petitioner in default for all of the deficiencies in the submitted Petition. As such, the notice and orders shall be vacated and reissued as appropriate. As a result, the parties shall TAKE NOTICE that Section 2 of the Small Claims Petition form filed in this case identifies an authorized representative for Petitioner, Lawrence Jackier. Mr. Jackier did not sign the Petition, as required by TTR 223, and as such, he has not appeared on behalf of Petitioner. An appearance must be filed, and until the required appearance is filed, the answer, evidence, and all other documentation filed in this case must be served on Petitioner (David Steuer) and not Mr. Jackier. Petitioner also failed to properly complete the Small Claims Petition, as Sections 4, 5, and 6 of the form were not included in Petitioner’s filing. More importantly, it appears that the appeal is not properly pending in the Small Claims Division based on the classification of the property at issue and the indicated amount in dispute.1 To that end, the Petition indicates that the property is classified as commercial, and that the State 1 See MCL 205.762.
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MTT Docket No. 24-003386 Page 2 of 3 Equalized Value (SEV) in dispute is $170,100.2 Because the SEV in dispute exceeds $100,000, the appeal must be filed in the Entire Tribunal. If the indicated amount in dispute is incorrect, Petitioner may file an amended Small Claims Petition
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MTT
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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 FS Associates LLC, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003386 City of Detroit, Respondent. NOTICE OF NO ACTION TAKE NOTICE that the Tribunal has received a pleading (i.e., petition or answer) that identifies an attorney or authorized representative. However, the attorney or authorized representative did not sign the pleading, as required by TTR 223. As such, the attorney or authorized representative has not appeared on behalf of the party and an appearance must be filed.1 Until an appearance is filed, the answer, evidence, and all other documentation, must be served on the opposing party. Entered: September 10, 2024 By: Tribunal Clerk 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 1 See TTR 223(1).
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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 FS Associates LLC, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003386 City of Detroit, Respondent. NOTICE OF NO ACTION TAKE NOTICE that the Tribunal has received a pleading (i.e., petition or answer) that identifies an attorney or authorized representative. However, the attorney or authorized representative did not sign the pleading, as required by TTR 223. As such, the attorney or authorized representative has not appeared on behalf of the party and an appearance must be filed.2 Until an appearance is filed, the answer, evidence, and all other documentation, must be served on the opposing party. Entered: September 10, 2024 By: Tribunal Clerk 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
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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 FS Associates LLC, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003386 City of Detroit, Presiding Judge Respondent. Patricia L. Halm ORDER VACATING SEPTEMBER 10, 2024 NOTICE OF NO ACTION ORDER VACATING SEPTEMBER 10, 2024 ORDER OF DEFAULT ORDER VACATING OCTOBER 11, 2024 ORDER EXTENDING TIME TO CURE DEFAULT NOTICE OF NO ACTION ORDER HOLDING PETITIONER IN DEFAULT The Tribunal has considered the file in this case and finds that it erred in issuing the Notice of No Action and Order of Default entered in this case on September 10, 2024, and the Order Extending Time to Cure Default entered on October 11, 2024, as the referenced notice and orders were not sent to Petitioner’s authorized representative at his email address of record. The Tribunal also erred in failing to identify and hold Petitioner in default for all of the deficiencies in the submitted Petition. As such, the notice and orders shall be vacated and reissued as appropriate. As a result, the parties shall TAKE NOTICE that Section 2 of the Small Claims Petition form filed in this case identifies an authorized representative for Petitioner, Lawrence Jackier. Mr. Jackier did not sign the Petition, as required by TTR 223, and as such, he has not appeared on behalf of Petitioner. An appearance must be filed, and until the required appearance is filed, the answer, evidence, and all other documentation filed in this case must be served on Petitioner (David Steuer) and not Mr. Jackier. Petitioner also failed to properly complete the Small Claims Petition, as Sections 4, 5, and 6 of the form were not included in Petitioner’s filing. More importantly, it appears that the appeal is not properly pending in the Small Claims Division based on the classification of the property at issue and the indicated amount in dispute.1 To that end, the Petition indicates that the property is classified as commercial, and that the State 1 See MCL 205.762.
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MTT Docket No. 24-003386 Page 2 of 3 Equalized Value (SEV) in dispute is $170,100.2 Because the SEV in dispute exceeds $100,000, the appeal must be filed in the Entire Tribunal. If the indicated amount in dispute is incorrect, Petitioner may file an amended Small Claims Petition
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MTT
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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 FS Associates LLC, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003386 City of Detroit, Respondent. ORDER EXTENDING TIME TO CURE DEFAULT The Tribunal has reviewed the file in the above-captioned case and finds that an Order was entered holding a party in default and the defaulted party has failed to timely cure that default. However, no history of deliberate delay had been established prior to that party being held in default. As such, the defaulted party should be given another opportunity to cure the default, as provided by Grimm v Treasury.1 Therefore, IT IS ORDERED that Petitioner shall cure the default as required by the Order holding that party in default and file a Motion to Set Aside Default, with the appropriate filing fee, and proof demonstrating service of the Motion on the opposing party, within 14 days of the entry of this Order. 2 Failure to cure the default, as required by this Order, will result in the dismissal of the case, if Petitioner was held in default, or the conducting of a default hearing, if Respondent was held in default.3 By:_____________ ________________________ Patricia L. Halm, Tribunal Chair Entered: October 11, 2024 1 Grimm v Treasury, 291 Mich App 140 (2010). 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,
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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 FS Associates LLC, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003386 City of Detroit, 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. MEDIATION: Parties have the option of handling this case through mediation. Mediation is a voluntary process where a mediator facilitates communication between the parties, assists in identifying issues, and helps explore solutions to promote a mutually acceptable settlement. This process may be an alternative to a hearing with a judge and
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MTT
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STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN ADMINISTRATIVE HEARING SYSTEM MICHIGAN TAX TRIBUNAL FS Associates LLC, Petitioner, v. MTT Docket No. 24-003386 City Of Detroit, Respondent. ___________________________ PROOF OF SERVICE On 9/19/2024, I emailed the Respondent’s Answer, Proof of Service, Assessment Notice, and Record Card for this appeal to: Michigan Tax Tribunal PO Box 30232 Lansing, MI 48909 And e-mailed a copy to Petitioner’s Representative: Jackier Lawerence Jackier@JackierGould.com 121 W Long Lake Rd Ste #200 Bloomfield Hills, MI 48304 I declare that the statement above is true to the best of my information, knowledge, and belief. Deon Dismuke Dated : 9/19/2024 Deon Dismuke Appraiser III, MCAO Coleman A. Young Municipal Center 2 Woodward Ave., Suite 804 Detroit, Michigan 48226
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*** Information herein deemed reliable but not guaranteed*** WAYNE County: CITY OF DETROIT Jurisdiction: Printed on Parcel Number: 01001046. 232,300S 232,300 20,900 211,400 2021 239,965C 242,100 30,700 211,400 2022 242,900S 242,900 31,500 211,400 2023 240,200S 240,200M 240,200 40,300 199,900 2024 Taxable Value Tribunal/ Other Board of Review Assessed Value Building Value Land Value Year Land Improvement Cost Estimates Description Rate Size % Good Cash Value D/W/P: 4in Concrete 7.76 600 0 0 Total Estimated Land Improvements True Cash Value = 0 * Factors * Description Frontage Depth Front Depth Rate %Adj. Reason Value 60.00 152.00 1.0000 0.0000 0 100* 0 mid-g sq ft 9,104.000 Sq Ft 43.91 100 399,712 * denotes lines that do not contribute to the total acreage calculation. 60 Actual Front Feet, 0.21 Total Acres Total Est. Land Value = 399,712 Land Value Estimates for Land Table MID-G.MIDTOWN GENERAL DD 04/02/2024 FIELD REVI JPS 10/10/2018 DESKTOP RE TYL 10/02/2015 TYL-ADV RE Who When What Level Rolling Low High Landscaped Swamp Wooded Pond Waterfront Ravine Wetland Flood Plain X X Topography of Site Dirt Road Gravel Road Paved Road Storm Sewer Sidewalk Water Sewer Electric Gas Curb Street Lights Standard Utilities Underground Utils. X X X X X X X X X Public Improvements Vacant Improved X The Equalizer. Copyright (c) 1999 - 2009. Licensed To: City of Detroit, County of Wayne, Michigan Comments/Influences S WILLIS W 60 FT OF E 240 FT OF N 152 FT OF PARK LOT 28 LYG W OF JOHN R & S OF WILLIS AVE PLAT OF PARK LOTS L34 P542 DEEDS, W C R 1/59 60 X 152 Tax Description FS ASSOCIATES LLC 30180 ORCHARD LAKE ROAD SUITE 150 FARMINGTON HILLS MI
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR PROPERTY TAX APPEAL ANSWER FORM VALUATION / EXEMPTION / CLASSIFICATION APPEAL MOAHR DOCKET NO. 24-003386 Section 1: Respondent’s Contact Information Filer Type: Local Unit of Government City of Detroit (Wayne) First Name Jean-Philippe M.I. Last Name/Company Name/Unit of Government Saulnier Mailing Address (No., Street, P.O. Box or Rural Route) 2 Woodward Ave. City or Town Detroit State Michigan ZIP Code 48226 Telephone Number 313-939-0127 Fax Number E-mail Address assessorscbdcommercial@detroitmi.gov Section 2: Respondent’s Attorney/Authorized Representative’s Contact Information First Name Deon M.I. Last Name Dismuke Firm Name (if any) Address (No., Street, P.O. Box or Rural Route) 2 Woodward Avenue City or Town Detroit State Michigan ZIP Code 48202 Telephone Number 3136321942 Fax Number E-mail Address Dismuked@detroitmi.gov Section 3: Subject Property Information Does the subject property have a Principal Residence Exemption of 50% or more? Are the parcels listed by Petitioner contiguous or adjoining? If not, list which parcels adjoin one another. No Section 4: Explain Your Answer to this Appeal 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, Notice of Uncapping, or Assessment Change Notice) with this Small Claims Answer, if applicable. If you do not submit this document, you may be held in default.
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR The subject property is fairly assessed and in uniformity with like properties in the City Of Detroit. Section 5: Jurisdictional Issues IF PETITIONER IS APPEALING THE TRUE CASH AND/OR TAXABLE VALUES Did Petitioner protest the assessment at a Board of Review (BOR)? If yes, check which BOR Petitioner attended: If no, was the Notice of Assessment properly sent to Petitioner prior to the March BOR? *Submit a copy of the Notice of Assessment with the Answer. If the July or December BOR revised the assessment(s) at issue, did it have authority? If yes, cite the Board’s authority. Was the assessment(s) at issue established as the result of a clerical error or mutual mistake of fact? If yes, explain. Is Petitioner appealing from a State Tax Commission Order? If so, what is the issue date? Michigan IF PETITIONER IS APPEALING THE UNCAPPING OF TAXABLE VALUE When was the Notice of Uncapping, if applicable, issued? Under what
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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 FS Associates LLC, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003386 City of Detroit, Respondent. ORDER OF DEFAULT The Tribunal has reviewed the file in the above-captioned case and finds that: Petitioner did not pay the full required fee for the filing of the petition. See TTR 267. As such, the appeal is not properly pending. Petitioner must pay the additional fee amount required for the filing of the petition within 14 days of the entry of this Order. A filing fee calculator can be found on our website at www.michigan.gov/taxtrib. Unfortunately, the payment may not be made via e-filing. 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: September 10, 2024 Patricia L. Halm, Tribunal Chair
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MTT Docket No. 24-003386 Page 2 of 4 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
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STATE OF
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MT
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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 PETITION FORM VALUATION / EXEMPTION / CLASSIFICATION APPEAL 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) wit! pplicable. If you do not submit this document, you may be held in default. Section 1: Petitioner’s Contact Information First Name M.1. Last Name/Company Name DAV LD L | sTEUER [FS Bssoirales (cc Mailing Address (No., Street, P.O. Box or Rural Route) 30186 Orchard Lake Ref suide ISO City or Town State ZIP Code Fring don IBID mx] 4833Y Telephone Number J Fax Number 248 190 YY §I - E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) Donid @ Chester Gruso. Covi Section 2: Petitioner’s Attorney/Authorized Representative’s Contact Information } First Name M.1. Last Name Land renee TaKier j Firm Name (if any) Tw deier (uid P.C Address (No., Street, P.O. Box or Rural Route) | 2-1 AJ Long Le ke Rd Sle 200 City or Town J State ZIP Code Bloom Aeld [hl [mel Yg3oy Telephone Number Fax Number 2% (42.6800 E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) ~ Jadiev @ JodRyer Gold, cum Section 3: Subject Property Information How many If you are appealing more than one parcel, are they contiguous or adjoining? parcels are you Yes* [| No** appealing? *If yes, use a multiple parcel form for ififormation regarding any contiguous parcels.
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STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR Section 7: Valuation Information *use the multiple parcel form for additional, contiguous parcels, Parcel Identification Number: Qr00 04. Classification of Property: Real Personal (check one) Agricultural Comper Industrial Residential Timber-Cutover Developmental Utility (check one) Current Assessed Value (also known as State Equalized Value) as established by the BOR: 249, 200 Current Taxable Value as established by the BOR: 240 200 What do you believe Is the falr market value (also known as True Cash Value)? LM0, 2.0] Muitiply the True Cash VaKie by .5 and enterfjere. This is your contention of Assessed Value. 710
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S
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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 FS Associates LLC, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003386 City of Detroit, Respondent. NOTICE OF NO ACTION TAKE NOTICE that the Tribunal has received a pleading (i.e., petition or answer) that identifies an attorney or authorized representative. However, the attorney or authorized representative did not sign the pleading, as required by TTR 223. As such, the attorney or authorized representative has not appeared on behalf of the party and an appearance must be filed.1 Until an appearance is filed, the answer, evidence, and all other documentation, must be served on the opposing party. Entered: September 10, 2024 By: Tribunal Clerk 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 1 See TTR 223(1).
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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 FS Associates LLC, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003386 City of Detroit, Respondent. NOTICE OF NO ACTION TAKE NOTICE that the Tribunal has received a pleading (i.e., petition or answer) that identifies an attorney or authorized representative. However, the attorney or authorized representative did not sign the pleading, as required by TTR 223. As such, the attorney or authorized representative has not appeared on behalf of the party and an appearance must be filed.2 Until an appearance is filed, the answer, evidence, and all other documentation, must be served on the opposing party. Entered: September 10, 2024 By: Tribunal Clerk 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
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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 FS Associates LLC, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003386 City of Detroit, 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 279. 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: September 10, 2024 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 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 FS Associates LLC, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003386 City of Detroit, 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
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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 PETITION FORM VALUATION / EXEMPTION / CLASSIFICATION APPEAL 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) wit! pplicable. If you do not submit this document, you may be held in default. Section 1: Petitioner’s Contact Information First Name M.1. Last Name/Company Name DAV LD L | sTEUER [FS Bssoirales (cc Mailing Address (No., Street, P.O. Box or Rural Route) 30186 Orchard Lake Ref suide ISO City or Town State ZIP Code Fring don IBID mx] 4833Y Telephone Number J Fax Number 248 190 YY §I - E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) Donid @ Chester Gruso. Covi Section 2: Petitioner’s Attorney/Authorized Representative’s Contact Information } First Name M.1. Last Name Land renee TaKier j Firm Name (if any) Tw deier (uid P.C Address (No., Street, P.O. Box or Rural Route) | 2-1 AJ Long Le ke Rd Sle 200 City or Town J State ZIP Code Bloom Aeld [hl [mel Yg3oy Telephone Number Fax Number 2% (42.6800 E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) ~ Jadiev @ JodRyer Gold, cum Section 3: Subject Property Information How many If you are appealing more than one parcel, are they contiguous or adjoining? parcels are you Yes* [| No** appealing? *If yes, use a multiple parcel form for ififormation regarding any contiguous parcels.
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STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR Section 7: Valuation Information *use the multiple parcel form for additional, contiguous parcels, Parcel Identification Number: Qr00 04. Classification of Property: Real Personal (check one) Agricultural Comper Industrial Residential Timber-Cutover Developmental Utility (check one) Current Assessed Value (also known as State Equalized Value) as established by the BOR: 249, 200 Current Taxable Value as established by the BOR: 240 200 What do you believe Is the falr market value (also known as True Cash Value)? LM0, 2.0] Muitiply the True Cash VaKie by .5 and enterfjere. This is your contention of Assessed Value. 710
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