Joanne L Battle, Petitioner V City Of Detroit, Respondent
- Petitioner
- Joanne L Battle
- Respondent
- City Of Detroit
Case overview
- Docket number
- 24-003837-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 |
|---|---|---|---|---|---|---|
| 9 | Denied | PET | 7 | 02/04/2025 | Not recorded | Download |
| 8 | Order Denying Motion | Not recorded | 7 | 02/04/2025 | Not recorded | Download |
| 7 | Motion for Reconsideration was received. | PET | Not recorded | 01/23/2025 | $300.00 | Download |
| 6 | Order of Dismissal | Not recorded | Not recorded | 12/12/2024 | Not recorded | Download |
| 5 | Order extending default | Not recorded | Not recorded | 11/15/2024 | Not recorded | Download |
| 4 | Order of Default of Petitioner | Not recorded | Not recorded | 10/16/2024 | Not recorded | Download |
| 3 | Petition has been verified | PET | 1 | 10/16/2024 | Not recorded | Download |
| 2 | Notice of Docket Number SC | Not recorded | Not recorded | 10/16/2024 | Not recorded | Download |
| 1 | A petition was received. | PET | Not recorded | 08/06/2024 | Not recorded | Download |
Documents
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Page 1
Coleman A. Young Municipal Center 2 Woodward Avenue, Suite 105 Detroit, Michigan 48226 Phone: (313) 628-0722 Fax: (313) 224-4576 www.detroitmi.gov Board of Review RECEIVED RECCIVED 05/16/2024 JAN 2 9 2025 MICHIGAN TAX TRIBUNAL TRINITY CDC franinfo: 4606 25915460-1 OL/2U/ 5 15125 BURT RD Chiit= 139%7 ut: $300.00 Ep DETROIT MI 48223 . 10: HT VERNON MISSIONARY BAFTIRT CHURCH RE: 2024 MARCH BOARD OF REVIEW PETITION NUMBER: M-67762 The March Board of Review has considered the appeal on the 2024 assessment for the below described property and concluded that: FINDING OF FACTS: 1. Parcel Number: 22107651. 2. Property Address: 15084 BURT 3. District: 1 4. Property Classification: 402 (RESIDENTIAL-VACANT) Ad Valorem 6. Principle Residence Exemption: % 5. Property Legal Description: E BURT 98 B E TAYLORS BRIGHTMOOR SUB L44 P3 PLATS, W C R 22/493 34 X 120.37A 6. Petitioner timely filed an appeal to the March Board of Review. 7. The March Board of Review considered (if any) petitioner's and/or duly authorized representative evidence and/or testimony. The March Board of Review considered facts presented as on the assessment roll and/or any recommendations offered by the Office of the Assessor. CONCLUSION: Taxable Value Uncapping due to Proposal A of 1994 Before Appeal After Appeal 2024 Assessed Value 300 300 2024 Taxable Value 300 ’ 300 If you are dissatisfied with the decision of the March Board of Review, submit this notice and complete the enclosed small claims form to appeal to: Michigan Tax Tribunal P.O. Box 30232 Lansing MI 48909 A Michigan Tax Tribunal appeal must be made by May 31st of the current year for properties classified as: Personal, Industrial Personal and Utility Personal Property.
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STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR Fee Information Does the subject property have a Principal Residence Exemption of at least 50% as of the date of the filing of this petition? | [I] Yes [I] No Are you appealing ONLY the denial of a Poverty Exemption or Disabled Veterans Exemption? [] Yes J Ne If you answered yes to either or both of the abave questions, you are not required to pay any filing fees. 3 The filing fee is based on the greater of the State Equalized Value or Taxable Value in contention, If you are appealing more than one parcel, the parcel with the highest State Equalized Value or Taxable Value in contention will be used to determine your filing fee, plus $25.00 will pe added for each additional parce! being appeated, not to exceed a total filing fee of $1,000. if your property is residential property (see MCL 205.762) and the State Equalized Value or Taxable Value in contention ist Filing Fee is: $100,000.00 and under $125.00 $100,000.01 to $500,000.00 $200.00 $Over $500,000.00 $300.00 If your property is NOT residential property (see MCL 205.762) and the State Equalized Value or Taxable Value in contention is: Filing Fee is: $100,000.00 and under $250.00 * Plus $25.00 for each additional parcel, as indicated above. If your property is NOT residential property and the State Equalized Value or Taxable Value in contention is $100,000.01 or greater the appeal does not qualify for Small Claims. Therefore, an Entire Tribunal petition must be filed. Signature *required om or Attorney/Authorized Representative’s Signature: Ist
Page 3
aT,
asin
STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON {. BROWN, DPA
GOVERNOR
LANSING
DIRECTOR
Joanne L Battle,
MICHIGAN TAX TRIBUNAL
Petitioner,
SMALL CLAIMS DIVISION
v
MTT Docket No. 24-003837
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 October 16, 2024, because they did not submit a copy of the notice giving
rise to the appeal.
On November 15, 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.!
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?
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.Page 4
MTT Docket No. 24-003837 Page 2 of 2 APPEAL RIGHTS If you disagree with the final decision in this case, you may file a motion for reconsideration with the Tribunal or a claim of appeal with the Michigan Court of Appeals. A motion for reconsideration must be filed with the Tribunal with the required filing fee within 21 days from the date of entry of the final decision. Because the final decision closes the case, the motion cannot be filed through the Tribunal's web-based e-filing system: it must be filed by mail or personal service. The fee for the filing of
Page 5
MT:
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Page 1
STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR MICHIGAN TAX TRIBUNAL · 611 W. OTTAWA ST., LANSING, MI 48933 · 517-335-9760 PO BOX 30232, LANSING, MI 48909 · Other Carriers: 2407 N. GRAND RIVER AVE., LANSING, MI 48906 Joanne L Battle, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003837 City of Detroit, Presiding Judge Respondent. Jason C. Grinnell ORDER DENYING PETITIONER’S MOTION FOR RECONSIDERATION On January 23, 2025, Petitioner filed a motion requesting that the Tribunal reconsider the Order of Dismissal (order) entered in the above-captioned case on December 12, 2024. The motion constitutes a copy of the notice giving rise to the appeal, a copy of the order, and a payment. The Tribunal has considered the motion and the case file and finds that it “may order a rehearing or reconsideration of any decision or order upon its own initiative or motion filed within 21 days after the entry of the decision or order sought to be reheard or reconsidered.”1 Petitioner’s Motion for Reconsideration was filed beyond this 21-day deadline, and as a result, is not properly pending before the Tribunal.2 Further, the notice giving rise to the appeal indicates that the petition arises from the March Bord of Review, and Petitioner did not submit the petition by the statutory deadline of July 31, 2024.3 The Tribunal has no equitable power to waive or otherwise disregard a statutory requirement or filing deadline, it has no authority to grant Petitioner the relief requested.4 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 TTR 257(1). 2 See also Pars Ice Cream Co, Inc v Dep’t of Treasury, unpublished per curiam opinion of the Court of Appeals, issued August 14, 2012 (Docket No. 305148). 3 MCL 205.735a(6). 4 The Tribunal’s powers are limited to those authorized by statute and do not include powers of equity. See Federal-Mogul Corp v Dep’t of Treasury, 161 Mich App 346 (1987), Elec Data Sys Corp v Flint Twp, 253 Mich App 538 (2002), and VanderWerp v Plainfield Twp, 278 Mich App 624 (2008).
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MTT Docket No. 24-003837 Page 2 of 2 of the final decision, it is an “appeal by leave.” A copy of the claim of appeal must be filed with the Tribunal to certify the record on appeal. There is no certification fee. Entered: February 4, 2025 By _______________________________ bw PROOF OF SERVICE I certify that a copy of the foregoing was sent on the entry date indicated above to the parties or their attorneys or authorized representatives, if any, utilizing either the mailing or email addresses on file, as provided by those parties, attorneys, or authorized representatives. By: Tribunal Clerk
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Page 1
Coleman A. Young Municipal Center 2 Woodward Avenue, Suite 105 Detroit, Michigan 48226 Phone: (313) 628-0722 Fax: (313) 224-4576 www.detroitmi.gov Board of Review RECEIVED RECCIVED 05/16/2024 JAN 2 9 2025 MICHIGAN TAX TRIBUNAL TRINITY CDC franinfo: 4606 25915460-1 OL/2U/ 5 15125 BURT RD Chiit= 139%7 ut: $300.00 Ep DETROIT MI 48223 . 10: HT VERNON MISSIONARY BAFTIRT CHURCH RE: 2024 MARCH BOARD OF REVIEW PETITION NUMBER: M-67762 The March Board of Review has considered the appeal on the 2024 assessment for the below described property and concluded that: FINDING OF FACTS: 1. Parcel Number: 22107651. 2. Property Address: 15084 BURT 3. District: 1 4. Property Classification: 402 (RESIDENTIAL-VACANT) Ad Valorem 6. Principle Residence Exemption: % 5. Property Legal Description: E BURT 98 B E TAYLORS BRIGHTMOOR SUB L44 P3 PLATS, W C R 22/493 34 X 120.37A 6. Petitioner timely filed an appeal to the March Board of Review. 7. The March Board of Review considered (if any) petitioner's and/or duly authorized representative evidence and/or testimony. The March Board of Review considered facts presented as on the assessment roll and/or any recommendations offered by the Office of the Assessor. CONCLUSION: Taxable Value Uncapping due to Proposal A of 1994 Before Appeal After Appeal 2024 Assessed Value 300 300 2024 Taxable Value 300 ’ 300 If you are dissatisfied with the decision of the March Board of Review, submit this notice and complete the enclosed small claims form to appeal to: Michigan Tax Tribunal P.O. Box 30232 Lansing MI 48909 A Michigan Tax Tribunal appeal must be made by May 31st of the current year for properties classified as: Personal, Industrial Personal and Utility Personal Property.
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STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR Fee Information Does the subject property have a Principal Residence Exemption of at least 50% as of the date of the filing of this petition? | [I] Yes [I] No Are you appealing ONLY the denial of a Poverty Exemption or Disabled Veterans Exemption? [] Yes J Ne If you answered yes to either or both of the abave questions, you are not required to pay any filing fees. 3 The filing fee is based on the greater of the State Equalized Value or Taxable Value in contention, If you are appealing more than one parcel, the parcel with the highest State Equalized Value or Taxable Value in contention will be used to determine your filing fee, plus $25.00 will pe added for each additional parce! being appeated, not to exceed a total filing fee of $1,000. if your property is residential property (see MCL 205.762) and the State Equalized Value or Taxable Value in contention ist Filing Fee is: $100,000.00 and under $125.00 $100,000.01 to $500,000.00 $200.00 $Over $500,000.00 $300.00 If your property is NOT residential property (see MCL 205.762) and the State Equalized Value or Taxable Value in contention is: Filing Fee is: $100,000.00 and under $250.00 * Plus $25.00 for each additional parcel, as indicated above. If your property is NOT residential property and the State Equalized Value or Taxable Value in contention is $100,000.01 or greater the appeal does not qualify for Small Claims. Therefore, an Entire Tribunal petition must be filed. Signature *required om or Attorney/Authorized Representative’s Signature: Ist
Page 3
aT,
asin
STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON {. BROWN, DPA
GOVERNOR
LANSING
DIRECTOR
Joanne L Battle,
MICHIGAN TAX TRIBUNAL
Petitioner,
SMALL CLAIMS DIVISION
v
MTT Docket No. 24-003837
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 October 16, 2024, because they did not submit a copy of the notice giving
rise to the appeal.
On November 15, 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.!
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?
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.Page 4
MTT Docket No. 24-003837 Page 2 of 2 APPEAL RIGHTS If you disagree with the final decision in this case, you may file a motion for reconsideration with the Tribunal or a claim of appeal with the Michigan Court of Appeals. A motion for reconsideration must be filed with the Tribunal with the required filing fee within 21 days from the date of entry of the final decision. Because the final decision closes the case, the motion cannot be filed through the Tribunal's web-based e-filing system: it must be filed by mail or personal service. The fee for the filing of
Page 5
MT:
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Page 1
STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR MICHIGAN TAX TRIBUNAL · 611 W. OTTAWA ST., LANSING, MI 48933 · 517-335-9760 PO BOX 30232, LANSING, MI 48909 · Other Carriers: 2407 N. GRAND RIVER AVE., LANSING, MI 48906 Joanne L Battle, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003837 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 October 16, 2024, because they did not submit a copy of the notice giving rise to the appeal. On November 15, 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. 24-003837 Page 2 of 2 APPEAL RIGHTS If you disagree with the final decision in this case, you may file a motion for reconsideration with the Tribunal or a claim of appeal with the Michigan Court of Appeals. A motion for reconsideration must be filed with the Tribunal with the required filing fee within 21 days from the date of entry of the final decision. Because the final decision closes the case, the motion cannot be filed through the Tribunal’s web-based e-filing system; it must be filed by mail or personal service. The fee for the filing of such motions is $50.00 in the Entire Tribunal and $25.00 in the Small Claims Division, unless the Small Claims decision relates to the valuation of property and the property had a principal residence exemption of at least 50% at the time the petition was filed or the decision relates to the grant or denial of a poverty or disabled veterans exemption and, if so, there is no filing fee. You are required to serve a copy of the motion on the opposing party by mail or personal service or by email if the opposing party agrees to electronic service, and proof demonstrating that service must be submitted with the motion. Responses to motions for reconsideration are prohibited and there are no oral arguments unless otherwise ordered by the Tribunal. Alternatively, you may file a claim of appeal with the Michigan Court of Appeals. If the claim is filed within 21 days of the entry of the final decision, it is an “appeal of right.” If the claim is filed more than 21 days after the entry of the final decision, it is an “appeal by leave.” A copy of the claim of appeal must be filed with the Tribunal to certify the record on appeal. There is no certification fee. Entered: December 12, 2024 By _____________________________ bw/jcr PROOF OF SERVICE I certify that a copy of the foregoing was sent on the entry date indicated above to the parties or their attorneys or authorized representatives, if any, utilizing either the mailing or email addresses on file, as provided by those parties, attorneys, or authorized representatives. By: Tribunal Clerk
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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 Joanne L Battle, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003837 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 October 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 required by the October 16, 2024 default order, (2) file a Motion to Set Aside Default, and (3) file proof the Motion and a copy of the documentation 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: November 15, 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.
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MTT Docket No. 24-003837 Page 2 of 7 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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Joanne L Battle 15125 Burt Road Detroit , MI 48233
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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 Joanne L Battle, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003837 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 October 16, 2024 .4 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.5 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 required by the October 16, 2024 default order, (2) file a Motion to Set Aside Default, and (3) file proof the Motion and a copy of the documentation 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 231.6 By:___________________________________ Patricia L. Halm, Tribunal Chair Entered: November 15, 2024 4 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).” 5 See Grimm v Dep’t of Treasury, 291 Mich App 140 (2010). 6 See also MCL 205.732.
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MTT Docket No. 24-003837 Page 5 of 7 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 Joanne L Battle, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003837 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 October 16, 2024 .7 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.8 Therefore, IT IS
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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 Joanne L Battle, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003837 City of Detroit, Respondent. ORDER OF DEFAULT The Tribunal has reviewed the file in the above-captioned case and finds that: Petitioner did not submit a copy of the notice giving rise to the appeal (i.e., notice of action taken by Board of Review, uncapping notice, PRE denial notice, final assessment notice, etc.), as required by TTR 277. As such, Petitioner must submit the notice within 14 days of the entry of this Order. 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: October 16, 2024 Patricia L. Halm, Tribunal Chair
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MTT Docket No. 24-003837 Page 2 of 5 PROOF OF SERVICE I certify that a copy of the foregoing was sent on the entry date indicated above to the parties or their attorneys or authorized representatives, if any, utilizing either the mailing or email addresses on file, as provide by those parties, attorneys, or authorized representatives. By: Tribunal Clerk i “A submission by mail is considered filed on the date indicated by the United States Postal Service postmark on the envelope containing the submission. A submission without a postmark or with an illegible postmark is considered filed on the date the submission is received by the tribunal. A submission by commercial delivery service is considered filed on the date the submission is given to the commercial service for delivery to the tribunal as indicated by the receipt date on the package containing the submission. A submission by personal service is considered filed on the date the submission is received. A submission through the tribunal’s e-filing system by 11:59 p.m. on a business day is considered filed on that business day. A submission by email to the email address designated by the tribunal by 11:59 p.m. on a business day is considered filed on that business day. A submission on a Saturday, a Sunday, or a holiday is considered filed on the following business day, as provided by section 35a of the tax tribunal act, MCL 205.735a.” TTR 219(5)
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Joanne L Battle 15125 Burt Road Detroit , MI 48233
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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 Joanne L Battle, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003837 City of Detroit, Respondent. ORDER OF DEFAULT The Tribunal has reviewed the file in the above-captioned case and finds that: Petitioner did not submit a copy of the notice giving rise to the appeal (i.e., notice of action taken by Board of Review, uncapping notice, PRE denial notice, final assessment notice, etc.), as required by TTR 277. As such, Petitioner must submit the notice within 14 days of the entry of this Order. 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.ii 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: October 16, 2024 Patricia L. Halm, Tribunal Chair
Page 5
MTT Docket No. 24-003837 Page 5 of 5 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 ii “A submission by mail is considered filed on the date indicated by the United States Postal Service postmark on the envelope containing the submission. A submission without a postmark or with an illegible postmark is considered filed on the date the submission is received by the tribunal. A submission by commercial delivery service is considered filed on the date the submission is given to the commercial service for delivery to the tribunal as indicated by the receipt date on the package containing the submission. A submission by personal service is considered filed on the date the submission is received. A submission through the tribunal’s e-filing system by 11:59 p.m. on a business day is considered filed on that business day. A submission by email to the email address designated by the tribunal by 11:59 p.m. on a business day is considered filed on that business day. A submission on a Saturday, a Sunday, or a holiday is considered filed on the following business day, as provided by section 35a of the tax tribunal act, MCL 205.735a.” TTR 219(5)
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Page 1
RECEIVED
AUG 0 8 2024
MICHIGAN TAX TRIBUNAL
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 submita copy of the notice giving rise to the appeal
(e.g. Board of Review Decisiivor 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
Mm.
Last
e/Company Name
Joanne
L.
edt
fs
ay Address {No., Street,
P.O. Box or Rural Byute)
45 RE
Pyrt
Kd.
Beret +
MT | 45223
elephane Number
Fax Number
319-535-1355
35°539-0304
E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail)
Section 2: Petitioner’s Attorney/Authorized Representative’s Contact Information
}
First Name
MI
Last Name
Same
as
pbs
Firm Name {if any)
.
above
Address {No., Street, P.O. Box or Rural Route)
City or Town
State
| ZIP Code
Telephone Number
Fax Number
E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail}
Section 3: Subject Property information
How many
Hf you are appealing more than one parcel, are they contiguous or adjoining?
parcelsareyou
| [] vest
[1] No*Page 2
STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON I. BROWN, DPA
GOVERNOR
.
LANSING
DIRECTOR
Section 4: Issues Being Appealed (check all that apply)
[J True Cash and Taxable Value
[1 Poverty Exemption
BX Taxable Value Only (calculation)
=] Disabled Veterans Exemption
[A Uncapping of Taxable Value
{7 Eligible Manufacturing Personal Property (ESA)
[_1 Exemption from Taxation (other than the denial ofa
[3 Classification
Principat Residence or Qualified Agricultural Exemption)
Section 5: Explain the Reason for this Appeal
The reason for the appeal is to ask your organization to reconsider your decision not to allow the
property/ parcel for tax exempt status. The property is used for community and church functions. In
May the property is used for a carnival like program called May Day. There are rides and games for
|
the community.
I
During Easter season there is an egg hunt. Other parts of the year there are various activities on this
parcel of land. Education, arts and crafts are also held there.
Section 6: Jurisdictional Issues
hE appealing:
Did you protest the assessment at a Board of Review (BOR)? [a] Yes
[IR] No
if Yes, check which BOR you attended AND attach the BOR decision: [1 march
[J wuly
[J pecember
if No, check the applicable reason(s):
Not required to attend
Assessment Change Notice was not received by Petitioner
0 Appealing a purported Clerical Error or Mutual Mistake of Fact (if yes, include explanation in Section 5)Page 3
:
-
STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON |. BROWN, DPA
GOVERNOR
LANSING
DIRECTOR
Section 7: Valuation Information use te multipte parcel form for additional, contiguous parcels,
Parcei Identification Number:
2 AID765/
Classification of Property:
Real
Personal
(check one)
Agricultural
Commercial
industrial
ET
Timber-Cutover
Developmental
Wility
(check one)
Current Assessed Value (also known as State Equalized Value) as established by the BOR:
30
Current Taxable Value as established by the BOR:
300
What do you believe is the fair market value (also known as True Cash Value)?
Multiply the True Cash Value by .5 and enter here. This is your contention of Assessed Value,
I you believe the Taxable Value differs fram your contention of Assessed Value, enter your contention of Taxable Value.
Section 8: Classification Information *Only the MI Dep’t of Treasury may appeal this issue to the Tribunal*
Parcel identification Number:
Current Classification of Property as established by Board of Review:
Real
Personal
{check one)
O
0
’
Agricultural
Commercial
Industrial
Residential
Timber-Cutover
Developmental
Utility
(checkone)
What do you believe is the property's classification?
Reat
Personat
{check one)
0
Agricultural
Commercial
Industrial
Residential
Timber-Cutover
Developmental
Utilily
{check one)
Hf improved property, how is the property currently being used?
if improved property, for what use was the property designed?Page 4
STATE OF MICHIGAN
’
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON I. BROWN, DPA
GOVERNOR
LANSING
DIRECTOR
Fee Information
Does the subject property have a Principal Residence Exemption of at least 50% as of the date of the fifing of this petition?
res
1 No
Are you appealing ONLY the denial of a Paverty Exemption or Disabled Veterans Exemption?
[Hl] Yes
Bf no
If you answered yes to either or both of the above questions, you are not required to pay any filing lees.
The filing fee is based on the greater of the State Equalized Value or Taxable Value in contention,
If you are appealing more thanone
parcel, the parcel with the highest State Equalized Value or Taxable Value in contention will be used to determine your filing fee, pius
$25.00 will be added for each additional parcel being appealed, not ta exceed a total filing fee of $1,000.
If your property is residential property {see MCL 205.762) and
the State Equalized Value or Taxable Value in contention is:
Filing Fee is:
$100,000.00 and under
$125.00
$100,000.01 to $500,000.00
$200.00
$0Over $500,000.00
$300.00
If your property is NOT residential property (see MCL 206.762) and
the State Equalized Value or Taxable Value in contention is:
Filing Fee is:
$100,000.00 and under
$250.00
* Plus $25.00 for each additional parcel, as indicatedPage 5
Rpt
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 Joanne L Battle, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003837 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: October 16, 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
Joanne L Battle 15125 Burt Road Detroit , MI 48233
Page 3
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 Joanne L Battle, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003837 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: October 16, 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
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
RECEIVED
AUG 0 8 2024
MICHIGAN TAX TRIBUNAL
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 submita copy of the notice giving rise to the appeal
(e.g. Board of Review Decisiivor 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
Mm.
Last
e/Company Name
Joanne
L.
edt
fs
ay Address {No., Street,
P.O. Box or Rural Byute)
45 RE
Pyrt
Kd.
Beret +
MT | 45223
elephane Number
Fax Number
319-535-1355
35°539-0304
E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail)
Section 2: Petitioner’s Attorney/Authorized Representative’s Contact Information
}
First Name
MI
Last Name
Same
as
pbs
Firm Name {if any)
.
above
Address {No., Street, P.O. Box or Rural Route)
City or Town
State
| ZIP Code
Telephone Number
Fax Number
E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail}
Section 3: Subject Property information
How many
Hf you are appealing more than one parcel, are they contiguous or adjoining?
parcelsareyou
| [] vest
[1] No*Page 2
STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON I. BROWN, DPA
GOVERNOR
.
LANSING
DIRECTOR
Section 4: Issues Being Appealed (check all that apply)
[J True Cash and Taxable Value
[1 Poverty Exemption
BX Taxable Value Only (calculation)
=] Disabled Veterans Exemption
[A Uncapping of Taxable Value
{7 Eligible Manufacturing Personal Property (ESA)
[_1 Exemption from Taxation (other than the denial ofa
[3 Classification
Principat Residence or Qualified Agricultural Exemption)
Section 5: Explain the Reason for this Appeal
The reason for the appeal is to ask your organization to reconsider your decision not to allow the
property/ parcel for tax exempt status. The property is used for community and church functions. In
May the property is used for a carnival like program called May Day. There are rides and games for
|
the community.
I
During Easter season there is an egg hunt. Other parts of the year there are various activities on this
parcel of land. Education, arts and crafts are also held there.
Section 6: Jurisdictional Issues
hE appealing:
Did you protest the assessment at a Board of Review (BOR)? [a] Yes
[IR] No
if Yes, check which BOR you attended AND attach the BOR decision: [1 march
[J wuly
[J pecember
if No, check the applicable reason(s):
Not required to attend
Assessment Change Notice was not received by Petitioner
0 Appealing a purported Clerical Error or Mutual Mistake of Fact (if yes, include explanation in Section 5)Page 3
:
-
STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON |. BROWN, DPA
GOVERNOR
LANSING
DIRECTOR
Section 7: Valuation Information use te multipte parcel form for additional, contiguous parcels,
Parcei Identification Number:
2 AID765/
Classification of Property:
Real
Personal
(check one)
Agricultural
Commercial
industrial
ET
Timber-Cutover
Developmental
Wility
(check one)
Current Assessed Value (also known as State Equalized Value) as established by the BOR:
30
Current Taxable Value as established by the BOR:
300
What do you believe is the fair market value (also known as True Cash Value)?
Multiply the True Cash Value by .5 and enter here. This is your contention of Assessed Value,
I you believe the Taxable Value differs fram your contention of Assessed Value, enter your contention of Taxable Value.
Section 8: Classification Information *Only the MI Dep’t of Treasury may appeal this issue to the Tribunal*
Parcel identification Number:
Current Classification of Property as established by Board of Review:
Real
Personal
{check one)
O
0
’
Agricultural
Commercial
Industrial
Residential
Timber-Cutover
Developmental
Utility
(checkone)
What do you believe is the property's classification?
Reat
Personat
{check one)
0
Agricultural
Commercial
Industrial
Residential
Timber-Cutover
Developmental
Utilily
{check one)
Hf improved property, how is the property currently being used?
if improved property, for what use was the property designed?Page 4
STATE OF MICHIGAN
’
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON I. BROWN, DPA
GOVERNOR
LANSING
DIRECTOR
Fee Information
Does the subject property have a Principal Residence Exemption of at least 50% as of the date of the fifing of this petition?
res
1 No
Are you appealing ONLY the denial of a Paverty Exemption or Disabled Veterans Exemption?
[Hl] Yes
Bf no
If you answered yes to either or both of the above questions, you are not required to pay any filing lees.
The filing fee is based on the greater of the State Equalized Value or Taxable Value in contention,
If you are appealing more thanone
parcel, the parcel with the highest State Equalized Value or Taxable Value in contention will be used to determine your filing fee, pius
$25.00 will be added for each additional parcel being appealed, not ta exceed a total filing fee of $1,000.
If your property is residential property {see MCL 205.762) and
the State Equalized Value or Taxable Value in contention is:
Filing Fee is:
$100,000.00 and under
$125.00
$100,000.01 to $500,000.00
$200.00
$0Over $500,000.00
$300.00
If your property is NOT residential property (see MCL 206.762) and
the State Equalized Value or Taxable Value in contention is:
Filing Fee is:
$100,000.00 and under
$250.00
* Plus $25.00 for each additional parcel, as indicatedPage 5
Rpt
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.