Michigan

Kevin M Ivers, Petitioner V Township Of St Joseph, Respondent

Petitioner: Kevin M Ivers
Respondent: Township Of St Joseph

Case overview

Docket number: 25-003407-TT
Status: Disposed
CaseType: SC Property
Division: Small Claims Division
County: Berrien
Judge: No judge assigned

Docket history

Line #	Subject	Filer	Line Ref	Enter Date/Post Mark	Fee	Related Item
8	Order of Dismissal	Not recorded	Not recorded	12/09/2025	Not recorded	Download
7	Order Extending P's Default	Not recorded	Not recorded	11/14/2025	Not recorded	Download
6	Response to Order	PET	Not recorded	09/27/2025	Not recorded	Download
5	Response to Order	PET	Not recorded	09/27/2025	Not recorded	Download
4	Order Holding Petitioner in Default	Not recorded	Not recorded	09/24/2025	Not recorded	Download
3	Petition has been verified	PET	1	09/23/2025	Not recorded	Download
2	Notice of Docket Number SC	Not recorded	Not recorded	09/23/2025	Not recorded	Download
1	A petition was received.	PET	Not recorded	07/14/2025	$100.00	Download

Documents

25-003407.pdfRead complete document text →

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

Kevin M Ivers,

MICHIGAN TAX TRIBUNAL

Petitioner,

SMALL CLAIMS DIVISION

MTT Docket No. 25-003407

St Joseph Township,

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 September 24, 2025, because Petitioner failed to provide proof Petitioner

was a party in interest in the 221 parcels identified in the petition filed on July 14, 2025.

On September 27, 2025, Petitioner filed a copy of a quick claim deed in response to the

Tribunal’s Order of Default. While Petitioner timely responded to the order, their attempt

to cure the default was incomplete. Petitioner’s filing only proved they were a party in

interest for the parcel located at Unit No. 172 Riverview Marina Condominiums.

Petitioner failed to provide proof they were a party in interest in the remaining 220

parcels under appeal, or that Petitioner was representing the remaining 220 parcels as

an authorized representative. On November 14, 2025, 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 may 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,

1 Grimm v Dep’t of Treasury, 291 Mich App 140 (2010).

2 Id. at 149.

Page 2

MTT Docket No. 25-003407

Page 2 of 2

IT IS ORDERED that this case is DISMISSED.

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 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 9, 2025

By _____________________________

kac

PROOF OF SERVICE

I certify that a copy of the foregoing was sent on the entry date indicated above to the

parties or their attorneys or authorized representatives, if any, utilizing either the mailing

or email addresses on file, as provided by those parties, attorneys, or authorized

representatives.

By: Tribunal Clerk

These are text excerpts, not the complete document. Text recognition and reading order can contain errors. Check the PDF for complete wording, formatting, and context.

25-003407 Extend Default.pdfRead complete document text →

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 

Kevin M Ivers, 

MICHIGAN TAX TRIBUNAL 

 

Petitioner, 

SMALL CLAIMS DIVISION 

 

v 

 

MTT Docket No. 25-003407 

 

St Joseph Township, 

 

Presiding Judge 

Respondent. 

 

Patricia L. Halm 

 

ORDER EXTENDING TIME FOR PETITIONER TO CURE DEFAULT 

 

On September 27, 2025, Petitioner filed a quick claim deed in response to the Tribunal’s 

September 24, 2025 Order of Default. 

 

The Tribunal has considered the response and the case file and finds that Petitioner 

was held in default because Petitioner failed to provide proof Petitioner was a party in 

interest in the 221 parcels identified in the petition.1 Although Petitioner timely 

responded to the Order of Default, his attempt to cure is incomplete. While Petitioner 

provided proof of being a party in interest for the parcel located at Unit No. 172 

Riverview Marina Condominiums, Petitioner failed to provide proof he was a party in 

interest in the remaining 220 parcels under appeal, or if Petitioner is representing the 

remaining 220 parcels as an authorized representative, which would require the filing of 

separate appeals and the payment of separate filing fees for each parcel.2 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.3 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 proof Petitioner is a party in interest in the remaining 220 parcels under 

appeal, or if Petitioner is representing the other parcels as an authorized representative, 

file separate appeals (including an amended petition for MTT Docket No. 25-003407) 

and pay separate filing fees for each of the remaining 220 parcels, (2) file a Motion to 

Set Aside Default, (3) pay the $25.00 fee required for the filing of the motion, and (4) file 

proof the motion was served on Respondent. 

 

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 A complete list of Tribunal rules and information on filing fees can be found online at 

www.michigan.gov/taxtrib. 

3 See Grimm v Dep’t of Treasury, 291 Mich App 140 (2010).

Page 2

MTT Docket No. 25-003407

Page 2 of 2

The foregoing must be filed with the Tribunal within 14 days of the entry of this order.4

IT IS FURTHER ORDERED that the petition for MTT Docket No. 25-003407 shall note

the docket number assigned by the Tribunal and if filed utilizing the Tribunal’s e-filing

system, must be filed on the assigned docket number as an “Amended Petition.”

Failure to comply with this order may result in the dismissal of the case, as provided by

TTR 237.5

Entered: November 14, 2025

By _____________________________

kac

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

4 “A submission by mail is considered filed on the date indicated by the United States Postal Service

postmark on the envelope containing the submission. A submission without a postmark or with an illegible

postmark is considered filed on the date the submission is received by the tribunal. A submission by

commercial delivery service is considered filed on the date the submission is given to the commercial

service for delivery to the tribunal as indicated by the receipt date on the package containing the

submission. A submission by personal service is considered filed on the date the submission is received.

A submission through the tribunal’s e-filing system by 11:59 p.m. on a business day is considered filed on

that business day. A submission by email to the email address designated by the tribunal by 11:59 p.m.

on a business day is considered filed on that business day. A submission on a Saturday, a Sunday, or a

holiday is considered filed on the following business day, as provided by section 35a of the tax tribunal

act, MCL 205.735a.” TTR 225(5).

5 See also MCL 205.732.

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.

25-003407 Response to Order.pdfRead complete document text →

Read document text excerpt

Page 1

CERTIFICATION DOES NOT REFLECT 

POSSIBLE HOMESTEAD DENIAL 

IHEREBY CERTIFY That thers ro no Tax Liens of Tiles held 

bythe State or any individual agains the within description 

and all Taxes on same ane paid for ive years previous on the 

date of this instrument. as appears by the records in my office. 

This certificate doas not apply on taxes, ff any, now In process 

ol collection. Algo except, Deferied Special Assessments, i any, 

under Act No. 225. Public Acts 

of 1976. as amended. 

and any Specific Ta. (LE. Enterprise Zone) 

oH hatly 

Bemion County Treasurer 

Date: 08-10-22 

Na. 2101 

Lora L. Freehling Register Of Deeds 

Berrien County, Michigan 

Rec 

$28.00 

Recorded 

Remon 

$4. 

JUNE 10, 2022 02:36:52 PM 

Tax Crt $5.00; 3376 

Page 3319-3319 

Receipt #884646 

~~ W DEED 

femEmYy 

Liber 3376 Page 3319 

Received 06/10/2022 09:36:16 AM 

#2022355095 

11-18-6900-0172-00-1 ks 

WARRANTY DEED 

Title and Survey Examination Not Requested 

The Grantors, LARRY W. CASTLE and LINDA S. CASTLE, husband and wife, convey and warrant to KEVIN M. VERS 

and BETTY S. IVERS, TRUSTEES OF THE IVERS FAMILY TRUST, uVa DATED JULY 18, 2008, whose address is 3792 

Madison Avenue, Bridgman, Michigan 49108, the following described premises situated in the Township of St. Joseph, 

County of Berrien, and State of Michigan: 

Unit No. 172, RIVERVIEW MARINA CONDOMINIUM S, according to the Master Deed recorded in Liber 40 of 

Condominiums, Page 1, as amended, and designated as Berrien County Condominium Subdivision Plan No. 40, 

together with rights in the generat common elements and the limited common elements as shown on the Master 

Deed and as described in Act 59 of the Public Acts of 1978, as amended. 

For the sum of NINE THOUSAND AND NO/100 ($9,000.00) DOLLARS. 

Subject to easements and building and use restrictions of record and further subject to all taxes and special assessments 

which shall hereafter become due and payable. 

Dated this 

day of —Sose® 

|, 2022. 

STATE OF MICHIGAN 

) 

SS 

COUNTY OF BERRIEN 

) 

The foregoing instrument was acknowledged before me this 

x 

day of 

yy AY, 4 

LARRY W. 

ZASTLE Wr 

LINDA S. CASTLE 

, 2022, by LARRY W. 

CASTLE and LINDA S. CASTLE, to me known to be the same persons described in and who executed the within instrument, 

who acknowledged the same to be their free act and deed. 

Lisa L. Schreiber 

Notary Public, Berrien County 

Acting in Berrien County, Michigan 

Commission Expires 11-09-26 

EL 

Printed Name: 

CA Th WAST 

Notary Public, Berrien County, Michigan 

Acting in: Berrien County, Michigan 

My Commission Expires: 

\ 

This Deed was prepared at the request of a bank, realtor 

or title company. Drafter did not represent the Grantors or Grantees 

and did not participate in the closing. Drafter has not exami 

survey or the Land Division Act. 

* PREPARED BY: 

JAMES J. RIEMLAND 

BITTNER JENNINGS ATTORNEYS 

610 Ship Street, P.O. Box 290 

St, Joseph, MI 49085 

(269) 983-0551 

ned and makes no representations respecting title to the property, 

First American Tile 

Hs 

Filo pSNABSHEe 

STATE OF 

REAL ESTATE 

ICHIGAN 

e TRANSFER TAX 

BERRIEN COUNTY 

$9.90 CO 

JUNE 10, 2022 

$61.50 

ST 

RECEIPT 

# 834648 

STAMP #58883

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.

25-003407 default (3).pdfRead complete document text →

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

Kevin M Ivers,

MICHIGAN TAX TRIBUNAL

Petitioner,

SMALL CLAIMS DIVISION

MTT Docket No. 25-003407

St Joseph Township,

Presiding Judge

Respondent.

Patricia L. Halm

ORDER HOLDING PETITIONER IN DEFAULT

The Tribunal has reviewed the file in this case and finds that Petitioner filed a petition on

July 14, 2025, appealing a special assessment. The petition identifies 221 parcels of

property, and it is unclear whether Petitioner is a party-in-interest with respect to all 221

parcels. Pursuant to MCL 205.735a, the Tribunal’s jurisdiction can only be invoked by a

party-in-interest. The Michigan Court of Appeals has held that “a ‘party-in-interest’

includes persons or entities with a property interest in the property being assessed.”1

As such, separate petitions and separate filing fees are required for all parcels for which

Petitioner is not the owner or a party-in-interest, and the petitions must be filed either by

(1) the actual party-in-interest for those parcels, or (2) in the name of the party-in-

interest, with their consent, by an attorney or other authorized representative. Separate

petitions and filing fees are also required for any non-contiguous parcels.2 Therefore,

IT IS ORDERED that Petitioner is held in DEFAULT.

IT IS FURTHER ORDERED that Petitioner must complete the following to cure the

default: File documentation establishing which, if any, of the 221 parcels identified in the

petition to which Petitioner is a party-in-interest. The foregoing must be filed with the

Tribunal within 14 days of entry of this Order.3

IT IS FURTHER ORDERED that if Petitioner filed this appeal as an authorized

representative for the individual parties-in-interest, Petitioner shall file separate petitions

1 Spartan Stores, Inc v City of Grand Rapids, 307 Mich App 565, 567 (2014).

2 See TTR 233 and 269.

3 “A submission by mail is considered filed on the date indicated by the United States Postal Service

postmark on the envelope containing the submission. A submission without a postmark or with an

illegible postmark is considered filed on the date the submission is received by the tribunal. A submission

by commercial delivery service is considered filed on the date the submission is given to the commercial

service for delivery to the tribunal as indicated by the receipt date on the package containing the

submission. A submission by personal service is considered filed on the date the submission is received.

A submission through the tribunal’s e-filing system by 11:59 p.m. on a business day is considered filed on

that business day. A submission by email to the email address designated by the tribunal by 11:59 p.m.

on a business day is considered filed on that business day. A submission on a Saturday, a Sunday, or a

holiday is considered filed on the following business day, as provided by section 35a of the tax tribunal

act, MCL 205.735a.” TTR 225(5).

Page 2

MTT Docket No. 25-003407 

Page 2 of 2 

 

for each party-in-interest with the required filing fees within 14 days of entry of this 

order. The petitions MUST be accompanied by a copy of this order, and any 

petitions so filed shall be considered as having been severed from the instant appeal 

and filed as of the original date of filing in this case. Any petitions NOT filed with a copy 

of this order or within 14 days of entry of this order shall be considered filed as of the 

actual date of filing of the petition and may be dismissed as untimely. 

 

Failure to comply with this order will result in Petitioner being required to file a motion to 

set aside the default (with appropriate filing fee). 

 

 

Entered: September 24, 2025 

 

 

By _____________________________ 

ejg/sb 

 

 

PROOF OF SERVICE 

 

I certify that a copy of the foregoing was sent on the entry date indicated above to the 

parties or their attorneys or authorized representatives, if any, utilizing either the mailing 

or email addresses on file, as provided by those parties, attorneys, or authorized 

representatives. 

 

By: Tribunal Clerk

These are text excerpts, not the complete document. Text recognition and reading order can contain errors. Check the PDF for complete wording, formatting, and context.

25-003407 default.pdfRead complete document text →