Fs Associates LLC, Petitioner V City Of Detroit, Respondent
- Petitioner
- Fs Associates LLC
- Respondent
- City Of Detroit
Case overview
- Docket number
- 24-003388-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 |
|---|---|---|---|---|---|---|
| 27 | Denied | PET | 25 | 02/24/2025 | Not recorded | Download |
| 26 | Order Denying Motion | Not recorded | 25 | 02/24/2025 | Not recorded | Download |
| 25 | Motion for Reconsideration was received. | PET | 23 | 01/29/2025 | $25.00 | Download |
| 24 | Appearance | PET | Not recorded | 01/29/2025 | Not recorded | Download |
| 23 | Order of Dismissal | Not recorded | Not recorded | 01/08/2025 | Not recorded | Download |
| 22 | Order extending default | Not recorded | Not recorded | 12/05/2024 | Not recorded | Download |
| 21 | Order of Partial Dismissal | Not recorded | Not recorded | 11/07/2024 | Not recorded | Download |
| 20 | Order Holding Petitioner in Default | Not recorded | Not recorded | 11/07/2024 | Not recorded | Download |
| 19 | Notice of No Action | Not recorded | Not recorded | 11/07/2024 | Not recorded | Download |
| 18 | Vacated | Not recorded | 10 | 11/07/2024 | Not recorded | Download |
| 17 | Order Vacating 10/22/24 Order Extending Time to Cure Default | Not recorded | 10 | 11/07/2024 | Not recorded | Download |
| 16 | Vacated | Not recorded | 6 | 11/07/2024 | Not recorded | Download |
| 15 | Order Vacating 9/16/24 Order of Partial Dismissal | Not recorded | 6 | 11/07/2024 | Not recorded | Download |
| 14 | Vacated | Not recorded | 5 | 11/07/2024 | Not recorded | Download |
| 13 | Order Vacating 9/16/24 Order of Default | Not recorded | 5 | 11/07/2024 | Not recorded | Download |
| 12 | Vacated | Not recorded | 3 | 11/07/2024 | Not recorded | Download |
| 11 | Order Vacating 9/10/24 NNA | Not recorded | 3 | 11/07/2024 | Not recorded | Download |
| 10 | Order extending default | Not recorded | Not recorded | 10/22/2024 | Not recorded | Download |
| 9 | Notice of Filing | Not recorded | Not recorded | 10/17/2024 | Not recorded | Download |
| 8 | Attachments to the Answer were filed | Not recorded | Not recorded | 10/01/2024 | Not recorded | Download |
| 7 | Answer was received | Not recorded | Not recorded | 10/01/2024 | Not recorded | Download |
| 6 | Order of Partial Dismissal | Not recorded | Not recorded | 09/16/2024 | Not recorded | Download |
| 5 | Order of Default of Petitioner | Not recorded | Not recorded | 09/16/2024 | Not recorded | Download |
| 4 | Petition has been verified | PET | 1 | 09/16/2024 | 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 | 05/29/2024 | $200.00 | Download |
Documents
Read document text excerpt
Page 1
in Petitioner’s Appearance of Counsel FEB 04 2025 FS Associates LLC v City of Detroit ki MTT Docket No. 24-003388 MICHIGA 15, ; RIB STATE OF MICHIGAN VAL DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN TAX TRIBUNAL FS Associates LLC, Petitioner, v MTT Docket No. 24-003388 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 4t St, Suite 350 Southfield, MI 48067 Office: 248-226-1632 Cell: 517-202-5500 Fax: 248-226-1633 Joshua.shillair@colliers.com Petitioner’s Co Petitioner’s Consent to Counsel’s Appearance Signed: Dated: 1/29/2025 Signed: Lhd : d: 1/29/2025 Joshua T. Shillair, Esq. for Colliers Intemational David L. Steuer /
Page 2
Petitioner’s Motion for Reconsideration & Proof of Service FS Associates LLC v City of Detroit MTT Docket No. 24-003388 STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN TAX TRIBUNAL ES Associates LL.C, Petitioner, v MTT Docket No. 24-003388 City of Detroit, Respondent. Joshua T. Shillair, Esq., (P72674) Of Colliers International Representative for Petitioner 400 W 4% St, Suite 350 Royal Oak, MI 48067 0: 248-226-1632 C: 517-202-5500 F: 248-226-1633 Joshua.shillair@colliers.com City of Detroit Assessor’s Office Representative for Respondent 2 Woodward Ave, Suite 804 CAYMC Detroit, MI 48226 0: 313-224-3011 assessorscbdcommercial@detroitmi.gov dismuked@detroitmi.gov PETITIONER’S MOTION FOR RECONSIDERATION NOW COMES Petitioner, FS Associates LLC, by and through its Representative Colliers
Page 3
Petitioner’s
Page 4
Ex
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 FS Associates LLC, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003388 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
Page 2
M
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
in Petitioner’s Appearance of Counsel FEB 04 2025 FS Associates LLC v City of Detroit ki MTT Docket No. 24-003388 MICHIGA 15, ; RIB STATE OF MICHIGAN VAL DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN TAX TRIBUNAL FS Associates LLC, Petitioner, v MTT Docket No. 24-003388 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 4t St, Suite 350 Southfield, MI 48067 Office: 248-226-1632 Cell: 517-202-5500 Fax: 248-226-1633 Joshua.shillair@colliers.com Petitioner’s Co Petitioner’s Consent to Counsel’s Appearance Signed: Dated: 1/29/2025 Signed: Lhd : d: 1/29/2025 Joshua T. Shillair, Esq. for Colliers Intemational David L. Steuer /
Page 2
Petitioner’s Motion for Reconsideration & Proof of Service FS Associates LLC v City of Detroit MTT Docket No. 24-003388 STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN TAX TRIBUNAL ES Associates LL.C, Petitioner, v MTT Docket No. 24-003388 City of Detroit, Respondent. Joshua T. Shillair, Esq., (P72674) Of Colliers International Representative for Petitioner 400 W 4% St, Suite 350 Royal Oak, MI 48067 0: 248-226-1632 C: 517-202-5500 F: 248-226-1633 Joshua.shillair@colliers.com City of Detroit Assessor’s Office Representative for Respondent 2 Woodward Ave, Suite 804 CAYMC Detroit, MI 48226 0: 313-224-3011 assessorscbdcommercial@detroitmi.gov dismuked@detroitmi.gov PETITIONER’S MOTION FOR RECONSIDERATION NOW COMES Petitioner, FS Associates LLC, by and through its Representative Colliers
Page 3
Petitioner’s
Page 4
Ex
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
in Petitioner’s Appearance of Counsel FEB 04 2025 FS Associates LLC v City of Detroit ki MTT Docket No. 24-003388 MICHIGA 15, ; RIB STATE OF MICHIGAN VAL DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN TAX TRIBUNAL FS Associates LLC, Petitioner, v MTT Docket No. 24-003388 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 4t St, Suite 350 Southfield, MI 48067 Office: 248-226-1632 Cell: 517-202-5500 Fax: 248-226-1633 Joshua.shillair@colliers.com Petitioner’s Co Petitioner’s Consent to Counsel’s Appearance Signed: Dated: 1/29/2025 Signed: Lhd : d: 1/29/2025 Joshua T. Shillair, Esq. for Colliers Intemational David L. Steuer /
Page 2
Petitioner’s Motion for Reconsideration & Proof of Service FS Associates LLC v City of Detroit MTT Docket No. 24-003388 STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN TAX TRIBUNAL ES Associates LL.C, Petitioner, v MTT Docket No. 24-003388 City of Detroit, Respondent. Joshua T. Shillair, Esq., (P72674) Of Colliers International Representative for Petitioner 400 W 4% St, Suite 350 Royal Oak, MI 48067 0: 248-226-1632 C: 517-202-5500 F: 248-226-1633 Joshua.shillair@colliers.com City of Detroit Assessor’s Office Representative for Respondent 2 Woodward Ave, Suite 804 CAYMC Detroit, MI 48226 0: 313-224-3011 assessorscbdcommercial@detroitmi.gov dismuked@detroitmi.gov PETITIONER’S MOTION FOR RECONSIDERATION NOW COMES Petitioner, FS Associates LLC, by and through its Representative Colliers
Page 3
Petitioner’s
Page 4
Ex
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 FS Associates LLC, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003388 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
Page 2
M
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 FS Associates LLC, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003388 City of Detroit, Respondent. ORDER EXTENDING TIME FOR PETITIONER TO CURE DEFAULT The Tribunal has considered the file in the above-captioned case and finds that it entered an order holding Petitioner in default on November 7,2024.1 Petitioner was required to cure the default within 14 days. Petitioner 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, 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 dismissal of the case for failure to timely comply with this Order.2 Therefore, IT IS ORDERED that the time for Petitioner to cure the default is EXTENDED. IT IS FURTHER ORDERED that Petitioner must complete the following to cure the default: (1) file the documentation and/or petition filing fee required by the November 7,2024 default order, (2) file a Motion to Set Aside Default, (3) pay the 25.00 Motion fee, and (4) file proof the Motion and a copy of the documentation and/or petition filing fee were served on Respondent. The foregoing must be filed with the Tribunal within 14 days of the entry of this Order. Failure to comply with this Order may result in dismissal of the case, as provided by TTR 231.3 By:___________________________________ Patricia L. Halm, Tribunal Chair Entered: December 5, 2024 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 See also MCL 205.732.
Page 2
MTT Docket No. 24-003388 Page 2 of 4 PROOF OF SERVICE I certify that a copy of the
Page 3
STATE
Page 4
MT
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 FS Associates LLC, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003388 City of Detroit, Presiding Judge Respondent. Patricia L. Halm ORDER VACATING SEPTEMBER 10, 2024 NOTICE OF NO ACTION ORDER VACATING SEPTEMBER 16, 2024 ORDER OF DEFAULT ORDER VACATING SEPTEMBER 16, 2024 ORDER OF PARTIAL DISMISSAL ORDER VACATING OCTOBER 22, 2024 ORDER EXTENDING TIME TO CURE DEFAULT NOTICE OF NO ACTION ORDER HOLDING PETITIONER IN DEFAULT ORDER OF PARTIAL DISMISSAL The Tribunal has considered the file in this case and finds that it erred in issuing the Notice of No Action entered in this case on September 10, 2024, the Order of Default and Order of Partial Dismissal entered on September 16, 2024, and the Order Extending Time to Cure Default entered on October 22, 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, Mr. Jackier 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 and Mr. Jackier. 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
Page 2
MTT Docket No. 24-003388 Page 2 of 3
Page 3
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.
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 FS Associates LLC, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003388 City of Detroit, Presiding Judge Respondent. Patricia L. Halm ORDER VACATING SEPTEMBER 10, 2024 NOTICE OF NO ACTION ORDER VACATING SEPTEMBER 16, 2024 ORDER OF DEFAULT ORDER VACATING SEPTEMBER 16, 2024 ORDER OF PARTIAL DISMISSAL ORDER VACATING OCTOBER 22, 2024 ORDER EXTENDING TIME TO CURE DEFAULT NOTICE OF NO ACTION ORDER HOLDING PETITIONER IN DEFAULT ORDER OF PARTIAL DISMISSAL The Tribunal has considered the file in this case and finds that it erred in issuing the Notice of No Action entered in this case on September 10, 2024, the Order of Default and Order of Partial Dismissal entered on September 16, 2024, and the Order Extending Time to Cure Default entered on October 22, 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, Mr. Jackier 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 and Mr. Jackier. 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
Page 2
MTT Docket No. 24-003388 Page 2 of 3
Page 3
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.
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 FS Associates LLC, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003388 City of Detroit, Presiding Judge Respondent. Patricia L. Halm ORDER VACATING SEPTEMBER 10, 2024 NOTICE OF NO ACTION ORDER VACATING SEPTEMBER 16, 2024 ORDER OF DEFAULT ORDER VACATING SEPTEMBER 16, 2024 ORDER OF PARTIAL DISMISSAL ORDER VACATING OCTOBER 22, 2024 ORDER EXTENDING TIME TO CURE DEFAULT NOTICE OF NO ACTION ORDER HOLDING PETITIONER IN DEFAULT ORDER OF PARTIAL DISMISSAL The Tribunal has considered the file in this case and finds that it erred in issuing the Notice of No Action entered in this case on September 10, 2024, the Order of Default and Order of Partial Dismissal entered on September 16, 2024, and the Order Extending Time to Cure Default entered on October 22, 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, Mr. Jackier 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 and Mr. Jackier. 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
Page 2
MTT Docket No. 24-003388 Page 2 of 3
Page 3
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.
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 FS Associates LLC, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003388 City of Detroit, Respondent. ORDER EXTENDING TIME FOR PETITIONER TO CURE DEFAULT The Tribunal has considered the file in the above-captioned case and finds that it entered an order holding Petitioner in default on September 16, 2024.1 Petitioner was required to cure the default within 14 days. Petitioner 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, 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 dismissal of the case for failure to timely comply with this Order.2 Therefore, IT IS ORDERED that the time for Petitioner to cure the default is EXTENDED. IT IS FURTHER ORDERED that Petitioner must complete the following to cure the default: (1) file the documentation and/or petition filing fee required by the September 16, 2024 default order, (2) file a Motion to Set Aside Default, (3) pay the $25.00 Motion fee, and (4) file proof the Motion and a copy of the documentation and/or petition filing fee were served on Respondent. The foregoing must be filed with the Tribunal within 14 days of the entry of this Order. Failure to comply with this Order may result in dismissal of the case, as provided by TTR 231.3 By:___________________________________ Patricia L. Halm, Tribunal Chair Entered: October 22, 2024 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 See also MCL 205.732.
Page 2
MTT Docket No. 24-003388 Page 2 of 4 PROOF OF SERVICE I certify that a copy of
Page 3
STAT
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 FS Associates LLC, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003388 City of Detroit, Presiding Judge Respondent. Patricia L. Halm ORDER VACATING SEPTEMBER 10, 2024 NOTICE OF NO ACTION ORDER VACATING SEPTEMBER 16, 2024 ORDER OF DEFAULT ORDER VACATING SEPTEMBER 16, 2024 ORDER OF PARTIAL DISMISSAL ORDER VACATING OCTOBER 22, 2024 ORDER EXTENDING TIME TO CURE DEFAULT NOTICE OF NO ACTION ORDER HOLDING PETITIONER IN DEFAULT ORDER OF PARTIAL DISMISSAL The Tribunal has considered the file in this case and finds that it erred in issuing the Notice of No Action entered in this case on September 10, 2024, the Order of Default and Order of Partial Dismissal entered on September 16, 2024, and the Order Extending Time to Cure Default entered on October 22, 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, Mr. Jackier 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 and Mr. Jackier. 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
Page 2
MTT Docket No. 24-003388 Page 2 of 3
Page 3
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.
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 FS Associates LLC, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003388 City of Detroit, Respondent. ORDER OF PARTIAL DISMISSAL The Tribunal has reviewed the file in the above-captioned case and finds that Petitioner’s appeal includes an appeal of the classification of the subject property. The Tribunal has no jurisdiction over Petitioner’s classification claim because Petitioner was required to “notify the assessor and [] protest the assigned classification to the March board of review.” Additionally, “[a]n owner . . . may appeal the decision of the March board of review by filing a petition with the state tax commission not later than June 30 in that tax year.”1 As such, the Tribunal is not the proper venue for a classification claim brought forward by a property owner. Therefore, IT IS ORDERED that Petitioner’s classification appeal only is DISMISSED. 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
Page 2
MTT
Page 3
STATE
Page 4
M
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 FS Associates LLC, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003388 City of Detroit, Presiding Judge Respondent. Patricia L. Halm ORDER VACATING SEPTEMBER 10, 2024 NOTICE OF NO ACTION ORDER VACATING SEPTEMBER 16, 2024 ORDER OF DEFAULT ORDER VACATING SEPTEMBER 16, 2024 ORDER OF PARTIAL DISMISSAL ORDER VACATING OCTOBER 22, 2024 ORDER EXTENDING TIME TO CURE DEFAULT NOTICE OF NO ACTION ORDER HOLDING PETITIONER IN DEFAULT ORDER OF PARTIAL DISMISSAL The Tribunal has considered the file in this case and finds that it erred in issuing the Notice of No Action entered in this case on September 10, 2024, the Order of Default and Order of Partial Dismissal entered on September 16, 2024, and the Order Extending Time to Cure Default entered on October 22, 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, Mr. Jackier 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 and Mr. Jackier. 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
Page 2
MTT Docket No. 24-003388 Page 2 of 3
Page 3
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.
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 FS Associates LLC, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003388 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 16, 2024 Patricia L. Halm, Tribunal Chair
Page 2
MTT Docket No. 24-003388 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
Page 3
STATE
Page 4
MT
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 FS Associates LLC, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003388 City of Detroit, Presiding Judge Respondent. Patricia L. Halm ORDER VACATING SEPTEMBER 10, 2024 NOTICE OF NO ACTION ORDER VACATING SEPTEMBER 16, 2024 ORDER OF DEFAULT ORDER VACATING SEPTEMBER 16, 2024 ORDER OF PARTIAL DISMISSAL ORDER VACATING OCTOBER 22, 2024 ORDER EXTENDING TIME TO CURE DEFAULT NOTICE OF NO ACTION ORDER HOLDING PETITIONER IN DEFAULT ORDER OF PARTIAL DISMISSAL The Tribunal has considered the file in this case and finds that it erred in issuing the Notice of No Action entered in this case on September 10, 2024, the Order of Default and Order of Partial Dismissal entered on September 16, 2024, and the Order Extending Time to Cure Default entered on October 22, 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, Mr. Jackier 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 and Mr. Jackier. 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
Page 2
MTT Docket No. 24-003388 Page 2 of 3
Page 3
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.
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 FS Associates LLC, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003388 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).
Page 2
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. 24-003388 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
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 FS Associates LLC, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003388 City of Detroit, Presiding Judge Respondent. Patricia L. Halm ORDER VACATING SEPTEMBER 10, 2024 NOTICE OF NO ACTION ORDER VACATING SEPTEMBER 16, 2024 ORDER OF DEFAULT ORDER VACATING SEPTEMBER 16, 2024 ORDER OF PARTIAL DISMISSAL ORDER VACATING OCTOBER 22, 2024 ORDER EXTENDING TIME TO CURE DEFAULT NOTICE OF NO ACTION ORDER HOLDING PETITIONER IN DEFAULT ORDER OF PARTIAL DISMISSAL The Tribunal has considered the file in this case and finds that it erred in issuing the Notice of No Action entered in this case on September 10, 2024, the Order of Default and Order of Partial Dismissal entered on September 16, 2024, and the Order Extending Time to Cure Default entered on October 22, 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, Mr. Jackier 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 and Mr. Jackier. 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
Page 2
MTT Docket No. 24-003388 Page 2 of 3
Page 3
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.
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 FS Associates LLC, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003388 City of Detroit, Respondent. ORDER EXTENDING TIME FOR PETITIONER TO CURE DEFAULT The Tribunal has considered the file in the above-captioned case and finds that it entered an order holding Petitioner in default on September 16, 2024.1 Petitioner was required to cure the default within 14 days. Petitioner 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, 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 dismissal of the case for failure to timely comply with this Order.2 Therefore, IT IS ORDERED that the time for Petitioner to cure the default is EXTENDED. IT IS FURTHER ORDERED that Petitioner must complete the following to cure the default: (1) file the documentation and/or petition filing fee required by the September 16, 2024 default order, (2) file a Motion to Set Aside Default, (3) pay the $25.00 Motion fee, and (4) file proof the Motion and a copy of the documentation and/or petition filing fee were served on Respondent. The foregoing must be filed with the Tribunal within 14 days of the entry of this Order. Failure to comply with this Order may result in dismissal of the case, as provided by TTR 231.3 By:___________________________________ Patricia L. Halm, Tribunal Chair Entered: October 22, 2024 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 See also MCL 205.732.
Page 2
MTT Docket No. 24-003388 Page 2 of 4 PROOF OF SERVICE I certify that a copy of
Page 3
STAT
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 FS Associates LLC, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003388 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
Page 2
MTT
Page 3
STATE
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 & REGULATORY AFFAIRS MICHIGAN ADMINISTRATIVE HEARING SYSTEM MICHIGAN TAX TRIBUNAL FS Associates LLC, Petitioner, v. MTT Docket No. 24-003388 City Of Detroit, Respondent. ___________________________ PROOF OF SERVICE On 10/1/2024, I emailed the Respondent’s Answer, Proof of Service, Valuation Report, 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 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 : 10/1/2024 Deon Dismuke Appraiser III, MCAO Coleman A. Young Municipal Center 2 Woodward Ave., Suite 804 Detroit, Michigan 48226
Page 2
*** Information herein deemed reliable but not guaranteed*** WAYNE County: CITY OF DETROIT Jurisdiction: Printed on Parcel Number: 01001045. 252,100S 252,100 55,800 196,300 2021 260,419C 277,800 81,500 196,300 2022 273,439C 280,100 83,800 196,300 2023 229,900S 229,900M 229,800 44,200 185,600 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 2000 20 3,104 Total Estimated Land Improvements True Cash Value = 3,104 * Factors * Description Frontage Depth Front Depth Rate %Adj. Reason Value 55.00 152.00 1.0000 0.0000 0 100* 0 mid-g sq ft 8,360.000 Sq Ft 44.41 100 371,265 * denotes lines that do not contribute to the total acreage calculation. 55 Actual Front Feet, 0.19 Total Acres Total Est. Land Value = 371,265 Land Value Estimates for Land Table MID-G.MIDTOWN GENERAL DD 04/02/2024 FIELD REVI JPS 05/17/2018 REASSESSME ML 08/04/2016 REASSESSME 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
Page 3
Bsmnt Insul. Thickness (40) Exterior
Page 4
*
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 ORLENE HAWKS DIRECTOR PROPERTY TAX APPEAL ANSWER FORM VALUATION / EXEMPTION / CLASSIFICATION APPEAL MOAHR DOCKET NO. 24-003388 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.
Page 2
STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR The subject property is in uniformity and fairly assessed 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
Page 3
STAT
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 FS Associates LLC, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003388 City of Detroit, Respondent. ORDER OF PARTIAL DISMISSAL The Tribunal has reviewed the file in the above-captioned case and finds that Petitioner’s appeal includes an appeal of the classification of the subject property. The Tribunal has no jurisdiction over Petitioner’s classification claim because Petitioner was required to “notify the assessor and [] protest the assigned classification to the March board of review.” Additionally, “[a]n owner . . . may appeal the decision of the March board of review by filing a petition with the state tax commission not later than June 30 in that tax year.”1 As such, the Tribunal is not the proper venue for a classification claim brought forward by a property owner. Therefore, IT IS ORDERED that Petitioner’s classification appeal only is DISMISSED. 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
Page 2
MTT
Page 3
STATE
Page 4
M
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 FS Associates LLC, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003388 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 16, 2024 Patricia L. Halm, Tribunal Chair
Page 2
MTT Docket No. 24-003388 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
Page 3
STATE
Page 4
MT
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 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) 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 First Name M.i. Last Name/Company Name Ded L STEUER Mailing Address (No., Street, P.O. Box or Rural Route) 20180 Orchard ( Rd Sle Cityor T or Town State ZIP Code 208 190 yg E-mail Eh (do not enter unless you want MTT to send ail correspondence via e-mail) Section 2: Petitioner’s Attorney/Authorized Representative’s Contact Information First Name Last Name Loadre nce. Tuk’ ved” Firm Name (if any) Tak Le Goold, p.C. Address (No., Street, P.O. Box or Rural Route) 12) WJ Lowy Lake Rs sl 200 City i 31, State ZIP Code laom Bele i: Ws Mx E304 Bb Number Fax Number L492. 0500 E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) Section 3: Subject Property Information How many If ygu are appealing more than one parcel, are they contiguous or adjoining? parcels are you Pres 2 Nox appealing? *If yes, use a multiple parcel form for information regarding any contiguous parcels.
Page 2
STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON |. BROWN, DPA GOVERNOR DIRECTOR LANSING Section 4: Issues Being Appealed (check ail that appiy) Hare Cash and Taxable Value (OJ Poverty Exemption [1] Taxabie Value Only (calculation) [J Disabled Veterans Exemption In| Uncapping of Taxable Value [J Eligible Manufacturing Personal Property (ESA) |] Exemption from Taxation (other than the denial of a JX Classification Principal Residence or Qualified Agricultural Exemption) Section 5: Explain the Reason
Page 3
S
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 FS Associates LLC, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003388 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).
Page 2
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. 24-003388 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
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 FS Associates LLC, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003388 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
Page 2
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. 24-003388 City of Detroit, Respondent. NOTICE OF DOCKET NUMBER TAKE NOTICE that a Small Claims petition has been
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 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) 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 First Name M.i. Last Name/Company Name Ded L STEUER Mailing Address (No., Street, P.O. Box or Rural Route) 20180 Orchard ( Rd Sle Cityor T or Town State ZIP Code 208 190 yg E-mail Eh (do not enter unless you want MTT to send ail correspondence via e-mail) Section 2: Petitioner’s Attorney/Authorized Representative’s Contact Information First Name Last Name Loadre nce. Tuk’ ved” Firm Name (if any) Tak Le Goold, p.C. Address (No., Street, P.O. Box or Rural Route) 12) WJ Lowy Lake Rs sl 200 City i 31, State ZIP Code laom Bele i: Ws Mx E304 Bb Number Fax Number L492. 0500 E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) Section 3: Subject Property Information How many If ygu are appealing more than one parcel, are they contiguous or adjoining? parcels are you Pres 2 Nox appealing? *If yes, use a multiple parcel form for information regarding any contiguous parcels.
Page 2
STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON |. BROWN, DPA GOVERNOR DIRECTOR LANSING Section 4: Issues Being Appealed (check ail that appiy) Hare Cash and Taxable Value (OJ Poverty Exemption [1] Taxabie Value Only (calculation) [J Disabled Veterans Exemption In| Uncapping of Taxable Value [J Eligible Manufacturing Personal Property (ESA) |] Exemption from Taxation (other than the denial of a JX Classification Principal Residence or Qualified Agricultural Exemption) Section 5: Explain the Reason
Page 3
S
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.