Mathias El Tribe Trust Petitioner V City Of Southfield Respondent
- Petitioner
- Mathias El Tribe Trust
- Respondent
- City Of Southfield
Case overview
- Docket number
- 26-002294-TT
- Status
- Default Petitioner
- CaseType
- SC Property
- Division
- Small Claims Division
- County
- Oakland
- Judge
- No judge assigned
Docket history
| Line # | Subject | Filer | Line Ref | Enter Date/Post Mark | Fee | Related Item |
|---|---|---|---|---|---|---|
| 12 | Notice of No Action | Not recorded | Not recorded | 10/19/2026 | Not recorded | Download |
| 11 | Notice of No Action | Not recorded | 7 | 10/19/2026 | Not recorded | Download |
| 10 | Motion to Dismiss | RESP | Not recorded | 10/02/2026 | $0.00 | Download |
| Not recorded | Not recorded | Not recorded | Not recorded | Not recorded | Not recorded | Download |
| 9 | Amended Petition | Not recorded | Not recorded | 10/02/2026 | Not recorded | Download |
| Not recorded | Not recorded | Not recorded | Not recorded | Not recorded | Not recorded | Download |
| 8 | A request for waiver of fees was filed. | Not recorded | Not recorded | 10/02/2026 | Not recorded | Download |
| 7 | Motion for Reconsideration was received. | Not recorded | Not recorded | 10/02/2026 | $0.00 | Download |
| Not recorded | Not recorded | Not recorded | Not recorded | Not recorded | Not recorded | Download |
| 6 | Order Holding Petitioner in Default | Not recorded | Not recorded | 10/01/2026 | Not recorded | Download |
| 5 | Order Denying Motion | Not recorded | 2 | 10/01/2026 | Not recorded | Download |
| 4 | Petition has been verified | PET | 1 | 09/14/2026 | Not recorded | Download |
| Not recorded | Not recorded | Not recorded | Not recorded | Not recorded | Not recorded | Download |
| 3 | Notice of Docket Number SC | Not recorded | Not recorded | 09/14/2026 | Not recorded | Download |
| 2 | A request for waiver of fees was filed. | PET | Not recorded | 06/12/2026 | Not recorded | Download |
| 1 | A petition was received. | PET | Not recorded | 06/12/2026 | Not recorded | Download |
| Not recorded | Not recorded | Not recorded | Not recorded | Not recorded | Not recorded | Download |
Documents
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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 Mathias El Tribe Trust, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 26-002294 City Of Southfield, Respondent. NOTICE OF NO ACTION TAKE NOTICE that the Tribunal has reviewed the file in the above-captioned case and finds that: Respondent has filed a Motion to Motion to Dismiss with no filing fee. You were, however, required to pay a fee for the filing of the motion. If you want the Tribunal to take action on the motion, you are required to pay the $25.00 filing fee due and submit documentation indicating that the opposing party has been notified of that payment within 14 days. If the required filing fee is not paid and/or the required notice is not submitted within 14 days, you will be required to refile the motion with the full filing fee. The refiled motion will be considered filed as of the date of the refiling. Unfortunately, the payment may not be made via e-filing; the fee, paid by check or money order, must be sent by mail or designated delivery service. Entered: October 19, 2026 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
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MTT Docket No. 26-002294 Page 2 of 2
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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 Mathias El Tribe Trust, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 26-002294 City Of Southfield, Respondent. NOTICE OF NO ACTION TAKE NOTICE that the Tribunal has reviewed the file in the above-captioned case and finds that: Respondent has filed a Motion to Motion to Dismiss with no filing fee. You were, however, required to pay a fee for the filing of the motion. If you want the Tribunal to take action on the motion, you are required to pay the $25.00 filing fee due and submit documentation indicating that the opposing party has been notified of that payment within 14 days. If the required filing fee is not paid and/or the required notice is not submitted within 14 days, you will be required to refile the motion with the full filing fee. The refiled motion will be considered filed as of the date of the refiling. Unfortunately, the payment may not be made via e-filing; the fee, paid by check or money order, must be sent by mail or designated delivery service. Entered: October 19, 2026 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
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MTT Docket No. 26-002294 Page 2 of 2
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY
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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 Mathias El Tribe Trust, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 26-002294 City Of Southfield, Respondent. NOTICE OF NO ACTION TAKE NOTICE that the Tribunal has reviewed the file in the above-captioned case and finds that: Petitioner has filed a Motion for Reconsideration with no filing fee. You were, however, required to pay a fee for the filing of the motion. If you want the Tribunal to take action on the motion, you are required to pay the $25.00 filing fee due and submit documentation indicating that the opposing party has been notified of that payment within 14 days. If the required filing fee is not paid and/or the required notice is not submitted within 14 days, you will be required to refile the motion with the full filing fee. The refiled motion will be considered filed as of the date of the refiling. Unfortunately, the payment may not be made via e-filing; the fee, paid by check or money order, must be sent by mail or designated delivery service. Entered: October 19, 2026 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
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MTT Docket No. 26-002294 Page 2 of 2
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26000 Evergreen Rd. ¢ P.O. Box 2055 ¢ Southfield, MI 48037-2055 » www.cityofsouthfield.com October 2, 2026 Ms. Samantha M. Welton, Chief Clerk Michigan Tax Tribunal P.O. Box 30232 Lansing, Michigan 48909 RE: MATHIAS EL TRIBE Docket No.: 26-002294 Parcel No(s): 76-24-16-201-019 Dear Ms. Welton: Enclosed for filing please find Respondent's Motion to Dismiss Petitioner's Petition for the above referenced docket number and parcel located in the City of Southfield, with Proof of Service thereon. Thank you for your kind attention. If you should have any questions or concerns, please feel free to contact me. Sipcerel 5 Justin E. Prybylski, MMAO(4), PPE City Assessor City of Southfield Enclosures
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MTT Docket No. 26-002294 STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN ADMINISTRATIVE HEARING SYSTEM MICHIGAN TAX TRIBUNAL MATHIAS EL TRIBE TRUST, Petitioner, \2 MTT Docket No.: 26-002294 Parcel No(s): 76-24-16-201-019 CITY OF SOUTHFIELD, Respondent / Mathias El Justin E. Prybylski, MMAO(4) Authorized Representative City Assessor 4305 Sun Devils Avenue 26000 Evergreen Rd. Bakersfield, CA 93313 Southfield, MI 48076 minccaster@@mathiaseltribe.org iprybylski@cityofsouthfield.com (628) 288-7423 (248) 796-5240 MOTION TO DISMISS PETITIONER'S PETITION NOW COMES Respondent, CITY OF SOUTHFIELD, by and through its Representative, and for its Motion to Dismiss Petitioner’s Petition, states as follows: 1. Petitioner’s Petition, with Proof of Service, is dated and postmarked June 12, 2026. 2. Respondent did timely mail form 1.-4400, “Notice of Assessment, Taxable Valuation and Property Classification”, to Petitioner within the required time-period, 14 days prior to the March Board of Review, pursuant to MCL 211.24¢(4), on February 15, 2026, using the mailing address provided by Petitioner. 3. A petition was filed with the City of Southfield’s March Board of Review on February 23, 2026. 4, The subject of Petitioner’s appeal to the Board of Review was Classification.
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MTT Docket No. 26-002294 7. Therefore, Petitioner’s appeal was filed in the improper jurisdiction and should be dismissed with prejudice. WHEREFORE, Respondent respectfully requests that this honorable Tribunal affirm this Motion to Dismiss Petitioner’s Petition and Dismiss the Petition with prejudice. Dated: October 2, 2026 Respectfully submitted, Justin KE. MMAO.(4) City Assessor || City of Southfield 26000 Evergreen Rd Southfield, MI 48076 0: (248) 796-5240 F: (248) 796-5255 iprybylski@cityofsouthfield.com
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MTT Docket No. 26-002294 STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN ADMINISTRATIVE HEARING SYSTEM MICHIGAN TAX TRIBUNAL MATHIAS EL TRIBE TRUST, Petitioner, V. MTT Docket No.: 26-002294 Parcel No(s): 76-24-16-201-019 CITY OF SOUTHFIELD, Respondent / Mathias El Justin E. Prybylski, MMAO(4) Authorized Representative City Assessor 4305 Sun Devils Avenue 26000 Evergreen Rd. Bakersfield, CA 93313 Southfield, MI 48076 mmccaster@mathiaseltribe.org iprybylski@cityofsouthfield.com (628) 288-7423 (248) 796-5240 Proof of Service Justin E. Prybylski, MMAO(4), Assessor for the City of Southfield, certifies that on Friday, October 2, 2026, a copy of Respondent’s Motion to Dismiss Petitioner’s Petition was served by regular mail on: Mathias El Tribe 4305 Sun Devils Avenue Bakersfield, CA 93313 By placing said document in an envelope addressed to the above party with
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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 MICHIGAN TAX TRIBUNAL Docket Number: 26-002294 Is this case currently pending in the Small Claims Division? Yes Party Filing Document Respondent Files Document Type: Amended Answer Attachment File Name: 26-002294 - SC - Motion to Dismiss w-POS Fee Information Filing Fee: $ 0.00 Payment Information Payment: $ 0.00
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STATE OF MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MICHIGAN TAX TRIBUNAL - SMALL CLAIMS DIVISION PROPERTY TAX APPEAL PETITION FORM - OTHER EXEMPTION AMENDED PETITION - MTT Docket No. 26-002294 Amended to identify the Petitioner and the Authorized Representative in the capacities stated in the record. Section 1: Petitioner's Contact Information First Name M.I. Last Name/Company Name Mathias El Tribe Trust Mailing Address 4305 Sun Devils Avenue City or Town State ZIP Code Bakersfield California 93313 Telephone Number (628) 288-7423 Email Address m.mccaster@mathiaseltribe.org Section 2: Petitioner's Attorney/Authorized Representative's Contact Information First Name M.I. Last Name Mathias El Office / Capacity Office of the Chief Justice and Trustee - Authorized Representative Mailing Address 4305 Sun Devils A venue City or Town State ZIP Code Bakersfield California 93313 Telephone Number (628) 288-7423 Email Address mmccaster@mathiaseltribe.org Page 1 mmccaster@mathiaseltribe.org
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Section 3: Subject Property Information How many parcels are you If more than one, contiguous/adjoining? appealing? NI A - one parcel 1 Property Address 28740 Bell Road City or Town County State Southfield Oakland Michigan Taxing Authority (City or Township) City of Southfield STATE OF MICHIGAN - MICHIGAN TAX TRIBUNAL AMENDED PETITION - MTT Docket No. 26-002294 Section 4: Explain the Reason for this Appeal ZIP Code 48034 See Attachment A - Amended Appeal Statement: Party, Capacity, and Tribal Interest. This amended petition preserves the claims, valuation contentions, jurisdictional objections, and relief previously placed in the record. The amendment identifies Mathias El Tribe Trust as Petitioner and supplies the Section 2 information for Chief Mathias El, the Authorized Representative who signed and acts on behalf of Petitioner. Section 5: Jurisdictional Issues Exemption / issue and statutory authority Challenge to classification, uncapping, valuation, exemption, and asserted taxing authority; 25 U.S.C. § 177 and federal preemption are preserved as source-specific federal issues; disputed applicability and consequence of MCL 211.34c; see Attachment A. Action prompting appeal 2026 assessment notice and City of Southfield Board of Review decision classifying the property as residential, assigning a figure the City/Board characterizes as taxable value, and denying the asserted exemption / jurisdictional position. Entity denying exemption BORmonth City of Southfield Board of Review March Date denial issued Year(s) denied / under appeal April 2, 2026 2026 Page 2
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Section 6: Valuation Information Parcel Identification Number 76-24-16-201-019 Classification of Property Real - Residential (assessor's current classification; disputed and not conceded) Current Taxable Value as established by the Petitioner's contention of Taxable Value Board of Review $0 (form-compatible numerical entry only; $168,900 (City/Board designation disputed and Petitioner maintains that no taxable value is not conceded) lawfully assessable) Fee Information Principal Residence Exemption of at least 50% for all years at issue? No A separate filing contests the filing-fee and default determinations and addresses waiver or other relief. Nothing in this amended petition concedes that the fee or default may lawfully be imposed against Petitioner under the governing law, and no jurisdictional, federal, tribal, or other
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ATTA
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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 MICHIGAN TAX TRIBUNAL Docket Number: 26-002294 Is this case currently pending in the Small Claims Division? Yes Party Filing Document Petitioner Files Document Type: Amended Petition Attachment File Name: MTT_26-002294_Amended_Petition_SIGNED (1) Fee Information Filing Fee: $ 0.00 Payment Information Payment: $ 0.00
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STATE OF MICHIGAN MICHIGAN TAX TRIBUNAL - SMALL CLAIMS DIVISION MATHIAS EL TRIBE TRUST, Petitioner, MIT Docket No. 26-002294 Tax Year: 2026 V. CITY OF SOUTHFIELD, Respondent. Parcel No. 76-24-16-201-019 RENEWED FEE WAIVER REQUEST UNDER TTR 213(4) AND STATEMENT OF PETITIONER'S FINANCIAL CONDITTON Petitioner, Mathias El Tribe Trust, through Chief Mathias El as Authorized Representative acting on behalf of Petitioner, renews its request for waiver of Tribunal fees. This request is submitted under TTR 213(4)-and in substantial compliance with the Tribunal's fee-waiver form as permitted by TTR 213(7). Fees for which waiver is sought $200 petition filing fee; $25 fee for accompanying Motion for Reconsideration. Basis selected on Tribunal form Item 3 - Petitioner is unable to pay the fees. FINANCIAL INFORMATION FOR PETITIONER Gross income Household size Source of income $0 per month. Petitioner has no operating income or revenue. Not applicable as a literal measure because Petitioner is a non-natural trust. See Attachment A. None. Cash / bank funds / liquid assets $0 available. Petitioner maintains no discretionary operating funds available for Tribunal fees. Property / other assets Obligations The City/Board record lists $168,900 under "Taxable Value." Petitioner disputes that designation and does not concede tax.ability. The property is trust corpus, not a liquid litigation-funding resource. Administration and preservation of trust property and beneficiary-related responsibilities. Petitioner has no operating budget from which the requested fees can presently be paid. RENEWED FEE WAIVER REQUEST I MIT 26-002294
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ATTACHMENT A SUPPLEMENTAL GROUNDS FOR RENEWED FEE WAIVER REQUEST MTI Docket No. 26-002294 1. Distinct Basis of the Renewed Request The October 1, 2026 order addressed the June 12 request under TIR 213(2) because the means-tested assistance identified there was received by the Authorized Representative rather than by the Trust. This renewed request does not ask the Tribunal to attribute the representative's assistance to Petitioner. It presents the Trust's own financial condition under TTR 213(4). 2. 'ITR 213(4) Uses the Term "Party" TIR 213( 4) provides that the payment of fees is waived when a party shows by written request that it is unable because of indigence to pay. The same subrule describes indigence through household income below 125% of the federal poverty level. Petitioner is a non-natural party and therefore has no literal household to report. Petitioner asks the Tribunal to apply the inability-to-pay provision to the financial condition actually capable of being shown by this Petitioner - zero operating income and no cash or liquid funds - rather than treat the household terminology as an unstated categorical exclusion. 3. Michigan Expressly Uses Individual-Only Language When It Intends That Limitation Michigan Court Rule 2.002(A)(l), governing fee waivers in the ordinary Michigan courts, expressly states that only an individual is eligible and that a public or private organization is not eligible unless an applicable statute provides otherwise. TIR 213 contains no comparable "individual only" language. Petitioner does not contend that MCR 2.002 governs this Tribunal request. The comparison is offered for the narrower textual point that Michigan knows how to state an individual-only limitation expressly when that is the intended rule. 4. The Trust's Non-Natural Status Should Not Be Converted Into
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DECL
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MATHIAS EL TRIBE TRUST OFFICE OF THE CHIEF JUSTICE AND TRUSTEE 4305 Sun Devils Avenue Bakersfield, California 93313 Office: (628) 288-7423 I Email: mmccaster@mathiaseltribe.org STATE OF MICHIGAN MICHIGAN TAX TRIBUNAL - SMALL CLAIMS DIVISION MATHIAS EL TRIBE TRUST, Petitioner, MIT Docket No. 26-002294 MOTION FOR RECONSIDERATION OF FEE WAIVER DENIAL AND DEFAULT; REQUEST TO HOLD MONETARY CURE IN ABEYANCE v. CITY OF SOUTHFIELD, Respondent. MOTION FOR RECONSIDERATION OF FEE-WAIVER DENIAL AND DEFAULT AND REQUEST TO HOLD MONETARY CURE IN ABEYANCE Petitioner Mathias El Tribe Trust moves under TTR 261 for reconsideration of the October 1, 2026 Order Denying Petitioner's Fee Waiver Request and Order Holding Petitioner in Default. Petitioner contemporaneously submits the Tribunal-directed amended petition and a renewed fee waiver request addressing the financial condition of the named Petitioner itself. The amended petition corrects the representative-information issue identified in the order; this motion addresses the fee waiver and default determinations. I. THE MOTION IS TIMELY, AND THE NON-MONETARY CURE HAS BEEN COMPLETED. TTR 261 permits reconsideration of an order on a motion filed within 21 days after entry. The present motion is filed within that period. No response or oral argument is permitted unless ordered by the Tribunal. TTR 261(1)-(2). The October 1 order separately required an amended petition identifying Mathias El Tribe Trust as Petitioner and completing Section 2 with the information of the Authorized Representative who signed the petition. The accompanying amended petition does exactly that: it keeps Mathias El Tribe Trust as the named Petitioner and identifies Chief Mathias El as the Authorized Representat:iye acting on behalf of Petitioner. The representative-information portion of the default should therefore be deemed cured. Page 1
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II. THE OCTOBER 1 FEE-WAIVER RULING SHOULD BE RECONSIDERED OR CLARIFIED UNDER THE TEXT OF TTR 213. The prior waiver request proceeded under TTR 213(2) because it identified means-tested Tribal TANF received by the Authorized Representative. The October 1 order treated subrule (2) as asking whether the party receiving the waiver is itself receiving the identified public assistance. Petitioner does not repeat the prior request on that ground. The renewed request presents a different question under TTR 213(4): whether the named Petitioner is unable because of indigence to pay the required fee. TTR 213(4) speaks in terms of a "party" and "they," but then defines indigence through a household-income measure designed around a natural-person household. Mathias El Tribe Trust is not a natural person and has no household to report. It does, however, have an actual financial condition: it has no operating income, no available cash, no liquid funds, and no operating account from which the $200 petition fee or the $25 motion fee can be paid. The Trust holds property for the stated trust, tribal, governmental, charitable, and beneficiary purposes, but that property is not a liquid source available to pay litigation fees. The order stated broadly that, because the party is "a trust, not an individual," it does not qualify for a fee waiver under the Tribunal's rules. Petitioner respectfully asks the Tribunal to reconsider or clarify that statement. The only waiver basis actually presented before the order was entered was TTR 213(2). The separate TTR 213(4) question was not developed on the
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II
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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 MICHIGAN TAX TRIBUNAL Docket Number: 26-002294 Is this case currently pending in the Small Claims Division? Yes Party Filing Document Petitioner Files Document Type: Motion for Reconsideration Attachment File Name: MTT_26-002294_Motion_for_Reconsideration_SIGNED_CERTIFIED Fee Information Filing Fee: $ 25.00 Payment Information Payment: $ 25.00
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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 Mathias El Tribe Trust, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 26-002294 City of Southfield, Presiding Judge Respondent. Patricia L. Halm ORDER DENYING PETITIONER’S FEE WAIVER REQUEST ORDER HOLDING PETITIONER IN DEFAULT On June 12, 2026, Petitioner filed a fee waiver request with the Tribunal. The request indicates that fees should be waived in the above-captioned case because Petitioner’s authorized representative receives public assistance through Tribal TANF. The Tribunal has considered the request and the case file and finds that Petitioner has not shown good cause to grant the request. Pursuant to TTR 213(2), “[i]f a party shows by written request that they are receiving any form of means-tested public assistance, the payment of fees by that party is waived.” (Emphasis added.) Petitioner asserted that the authorized representative receives public assistance, but the Tribunal’s rules require that the party itself—not its representative—be the recipient of such assistance. Because the party is a trust, not an individual, it does not qualify for a fee waiver under the Tribunal’s rules. As a result, the Tribunal finds Petitioner’s request must be denied. Further, the Tribunal finds Petitioner did not pay the $200.00 fee required for the filing of the petition. See TTR 269. Additionally, the petition filed indicates that Petitioner is a trust, yet an authorized representative is not identified in section 2 of the petition. See TTR 279. Because of these defects, the appeal is not properly pending. Petitioner must pay the $200.00 fee required for the filing of the petition, and file an amended petition completing section two of the petition to include Petitioner’s authorized representative’s information, within 14 days of the entry of this order. Tribunal rules, information on filings fees and 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’s Fee Waiver Request is DENIED. IT IS FURTHER ORDERED that Petitioner is held in DEFAULT.
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MTT Docket No. 26-002294 Page 2 of 2 IT IS FURTHER ORDERED that Petitioner must complete the following to cure the default: (1) pay the $200 fee required for the filing of the petition, and (2) file a completed amended petition which includes the previously assigned docket number, and if filing via efiling must be filed on the assigned docket number as an amended petition. The amended petition should identify the trust as Petitioner, and complete section 2 with the information for Petitioner’s authorized representative, who signed the petition. Unfortunately, the payment of filing fees may not be made via e-filing. The foregoing must be filed with the Tribunal within 14 days of entry of this order. 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), as provided by TTR 237. Entered: October 1, 2026 By: /s/ Patricia L. Halm kac/jc PROOF OF SERVICE I certify that a copy of the foregoing
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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 Mathias El Tribe Trust, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 26-002294 City of Southfield, Presiding Judge Respondent. Patricia L. Halm ORDER DENYING PETITIONER’S FEE WAIVER REQUEST ORDER HOLDING PETITIONER IN DEFAULT On June 12, 2026, Petitioner filed a fee waiver request with the Tribunal. The request indicates that fees should be waived in the above-captioned case because Petitioner’s authorized representative receives public assistance through Tribal TANF. The Tribunal has considered the request and the case file and finds that Petitioner has not shown good cause to grant the request. Pursuant to TTR 213(2), “[i]f a party shows by written request that they are receiving any form of means-tested public assistance, the payment of fees by that party is waived.” (Emphasis added.) Petitioner asserted that the authorized representative receives public assistance, but the Tribunal’s rules require that the party itself—not its representative—be the recipient of such assistance. Because the party is a trust, not an individual, it does not qualify for a fee waiver under the Tribunal’s rules. As a result, the Tribunal finds Petitioner’s request must be denied. Further, the Tribunal finds Petitioner did not pay the $200.00 fee required for the filing of the petition. See TTR 269. Additionally, the petition filed indicates that Petitioner is a trust, yet an authorized representative is not identified in section 2 of the petition. See TTR 279. Because of these defects, the appeal is not properly pending. Petitioner must pay the $200.00 fee required for the filing of the petition, and file an amended petition completing section two of the petition to include Petitioner’s authorized representative’s information, within 14 days of the entry of this order. Tribunal rules, information on filings fees and 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’s Fee Waiver Request is DENIED. IT IS FURTHER ORDERED that Petitioner is held in DEFAULT.
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MTT Docket No. 26-002294 Page 2 of 2 IT IS FURTHER ORDERED that Petitioner must complete the following to cure the default: (1) pay the $200 fee required for the filing of the petition, and (2) file a completed amended petition which includes the previously assigned docket number, and if filing via efiling must be filed on the assigned docket number as an amended petition. The amended petition should identify the trust as Petitioner, and complete section 2 with the information for Petitioner’s authorized representative, who signed the petition. Unfortunately, the payment of filing fees may not be made via e-filing. The foregoing must be filed with the Tribunal within 14 days of entry of this order. 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), as provided by TTR 237. Entered: October 1, 2026 By: /s/ Patricia L. Halm kac/jc PROOF OF SERVICE I certify that a copy of the foregoing
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139222 Liber 60673 Page 062 thru 866 10/30/2025 12:22:57 PM Receipt #000522696 $21.00 Misc Recording RECEIVED $4.00 Remonumentation OAKLAND COUNTY $5.00 Automation REGISTER OF NEES yis.00 Transfer Tax 2095 OCT 30 PH 12: mn PAID RECORDED - Oakland County, MI Lisa Brown, Clerk/Register of Deeds QUIT CLAIM DEED COVER SHEET Retum to Counter Customer OK LT eX, (ada
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139222 Liber 60673 Page 863 thru B66 GRANT DEED (Tribal Trust Conveyance) (Prepared in compliance with MCL 565.201 et seq.) Prepared by: Mathew-Allen McCaster, Trustee — Mathias EI Tribe Trust (official capacity, non-compensated) When Recorded Return To: Mathias E! Tribe Trust Office of the Special Trustee Indian Country 28740 Bell Rd Southfield, MI 48034 1. Grantors Michael Dalton, an American Indian Man of Chahta descent, known in the public record as Michael Dalton, and LaQuita Dalton, an American Indian Woman of Blackfoot descent, known in the public record as LaQuita Dalton, each being recognized and protected members of the Mathias El Tribe and identified as members of federally recognized Tribal Nations, collectively referred to as the Grantors, hereby grant and convey their full right, title, and interest in the real property described below to the Mathias El Tribe Ti a tribal trust organized for the eral welfz d protecti i - H general welfare an protection offs ember 4305 gun Dev: ls Avenue II. General Welfare Declaration Bakar sie Id, Ca I: ono 933 /3 This conveyance is made for the general welfare of the members of the Mathias El Tribe. The property shall serve as a gathering and meeting ground for tribal members and the Office of the Special Trustee, providing space for cultural, educational, and community activities. The transfer is non-commercial, executed without monetary consideration, and fulfills the Tribe's governmental purpose for the benefit and protection of its members. 111. Historical Land Provision (Michigan Compliance) This property is designated and recorded as historical land under applicable Michigan law and policy, held for cultural, educational, and community use consistent with its historical and Indigenous character. This designation and usc arc made in accordance with Michigan Compiled Laws concerning historical property and preservation of sites of cultural significance, including MCL 399.201 et seq. (Michigan Historical Preservation Act), and related county recording requirements. IV. Jurisdiction and Trust Status Jurisdiction over this instrument and all matters arising from it lies exclusively within the Mathias El Tribe Trust and its judicial and administrative bodies. 1|Page _Mathias El Tribe Trust | 28740 Bell Rd. Southfield, MI
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139222 Liber 60673 Page 064 thru 866 The Grantors act in good faith to vest title into the Mathias El Tribe Trust, to be managed jointly by its Trustees, including Mathew-Allen McCaster and Michael Dalton, for lawful tribal and public use under the authority of the Tribe. IV-C. Religious and Ceremonial Use Declaration The property described herein is also dedicated as a sacred and ceremonial center for the people of the Mathias El Tribe, to be used for gatherings, prayer, education, and spiritual healing conslstent with the Tribe's traditions and customs. This dedication is recognized as a religious and
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR PROPERTY TAX APPEAL PETITION FORM OTHER EXEMPTION *Do not use this form for PRE, QAE, Poverty, or Disabled Veteran’s Exemptions* MTT DOCKET NO. Petitioner’s Contact Information: Filer Type Individual Local Unit of Government First Name Mathias El Tribe M.I. Last Name Trust Mailing Address (No., Street, P.O. Box or Rural Route) 4305 Sun Devils Avenue City or Town Bakersfield State California ZIP Code 93313 Telephone Number 8184777244 E-mail Address mmccaster@mathiaseltribe.org Subject Property Information: How many parcels are you appealing? 1 Are they contiguous or adjoining? *If no, you must file separate appeals for each parcel N/A Classification of Property: Real (check one) Residential (check one) Property Address (No., Street) 28740 Bell Rd City or Town Southfield County Oakland State Michigan ZIP Code 48034 Taxing Authority (City or Township) Unknown Please Explain the Reason for this Appeal:
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR Appeal Statement This appeal challenges the assessor’s classification and asserted jurisdictional authority regarding Parcel ID 76-24-16-201-019. The subject property is owned by the Matthias L. Tribe Trust and is not solely or privately owned residential property subject to ordinary municipal taxation under MCL 211.34c. The current “residential” designation has been selected only because it is the classification presently imposed by the assessor and is the subject of this challenge. Such selection does not concede that the property is lawfully classifiable within the Michigan statutory property classification framework. The recorded conveyance instrument expressly identifies the property as Tribal Trust property held for governmental, cultural, charitable, and community purposes. The instrument further reserves protected status, jurisdictional rights, and applicable federal protections associated with this conveyance. Additionally, the deed specifies that jurisdiction over matters arising from the instrument is retained within the Matthias L. Tribe Trust and its governing and administrative bodies. MCL 211.34c does not provide a classification applicable to tribal or tribal trust governmental lands. Because classification is a threshold determination upon which assessment jurisdiction depends, the current classification, uncapping, and taxation actions are disputed as exceeding lawful authority. This filing is made under special appearance and without waiver of any objections to jurisdiction, classification authority, taxing authority, federal preemption, or any related protections previously noticed to the assessing authorities. Jurisdictional Issues: List the exemption being appealed: Asserted exclusion from ordinary municipal taxation and assessment authority related to the tribal trust governmental property improperly classified as residential property for taxation purposes. List the Statutory authority for the exemption being appealed: 25 U.S.C. § 177; federal preemption principles; recorded tribal trust conveyance and jurisdictional reservations; disputed applicability of MCL 211.34c classification framework. What action prompted this appeal: 2026 assessment notice classifying the property as “401 Residential,” assigning taxable value, and asserting assessment jurisdiction over property held by
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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 Mathias El Tribe Trust, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 26-002294 City Of Southfield, 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 281. 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 14, 2026 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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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 Mathias El Tribe Trust, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 26-002294 City Of Southfield, 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 281. 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 14, 2026 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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_________________________ _____________________________________ ________________________ v STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR DIRECTOR LANSING Petitioner(s) MTT Docket No. _____________ _________________________ Request Date: _________________ Respondent(s) FEE WAIVER REQUEST Instructions: Complete this form and file it with the Tribunal. I request a waiver of filing fees for the following reason (check only one of 1, 2, or 3): 1. ☐ I receive the following type(s) of public assistance because of indigence: ☐Food Assistance Program through the State of Michigan (known as FAP or SNAP) ☐Medicaid (including Healthy Michigan, CHIP, and ESO) ☐Family Independence Program through State of Michigan (known as FIP or TANF) ☐Women, Infants, and Children benefits (WIC) ☐Supplemental Security Income through the federal government (SSI) ☐Other means-tested public assistance ____________________________ 2. ☐ I am represented by a legal services program, or I receive assistance from a law school clinic because of indigence. The name of the legal services program or law school clinic is: ___________________________________ 3. ☐ I am unable to pay the fees and I did not check item 1 or 2. My gross household income is $______ every ___________ (week/two weeks/month/year) The number of people in my household is ________. My source of income is _____________________________ List assets and their worth, such as bank accounts. If you need more space, attach a separate sheet: ______________________________________________________ List obligations and how much you pay, such as rent or other debts. If you need more space, attach a separate sheet: _________________________________________ I declare under the penalties of perjury that this request has been examined by me and that its contents are true to the best of my information, knowledge, and belief. Signature Date 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 Mathias El Tribe Tribe City of Southfield Board of Revie 06/11/2026 Tribal TANF & other General Welfa Chief Mathias El: Chief Justice and Trustee 06/11/2026
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139222 Liber 60673 Page 062 thru 866 10/30/2025 12:22:57 PM Receipt #000522696 $21.00 Misc Recording RECEIVED $4.00 Remonumentation OAKLAND COUNTY $5.00 Automation REGISTER OF NEES yis.00 Transfer Tax 2095 OCT 30 PH 12: mn PAID RECORDED - Oakland County, MI Lisa Brown, Clerk/Register of Deeds QUIT CLAIM DEED COVER SHEET Retum to Counter Customer OK LT eX, (ada
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139222 Liber 60673 Page 863 thru B66 GRANT DEED (Tribal Trust Conveyance) (Prepared in compliance with MCL 565.201 et seq.) Prepared by: Mathew-Allen McCaster, Trustee — Mathias EI Tribe Trust (official capacity, non-compensated) When Recorded Return To: Mathias E! Tribe Trust Office of the Special Trustee Indian Country 28740 Bell Rd Southfield, MI 48034 1. Grantors Michael Dalton, an American Indian Man of Chahta descent, known in the public record as Michael Dalton, and LaQuita Dalton, an American Indian Woman of Blackfoot descent, known in the public record as LaQuita Dalton, each being recognized and protected members of the Mathias El Tribe and identified as members of federally recognized Tribal Nations, collectively referred to as the Grantors, hereby grant and convey their full right, title, and interest in the real property described below to the Mathias El Tribe Ti a tribal trust organized for the eral welfz d protecti i - H general welfare an protection offs ember 4305 gun Dev: ls Avenue II. General Welfare Declaration Bakar sie Id, Ca I: ono 933 /3 This conveyance is made for the general welfare of the members of the Mathias El Tribe. The property shall serve as a gathering and meeting ground for tribal members and the Office of the Special Trustee, providing space for cultural, educational, and community activities. The transfer is non-commercial, executed without monetary consideration, and fulfills the Tribe's governmental purpose for the benefit and protection of its members. 111. Historical Land Provision (Michigan Compliance) This property is designated and recorded as historical land under applicable Michigan law and policy, held for cultural, educational, and community use consistent with its historical and Indigenous character. This designation and usc arc made in accordance with Michigan Compiled Laws concerning historical property and preservation of sites of cultural significance, including MCL 399.201 et seq. (Michigan Historical Preservation Act), and related county recording requirements. IV. Jurisdiction and Trust Status Jurisdiction over this instrument and all matters arising from it lies exclusively within the Mathias El Tribe Trust and its judicial and administrative bodies. 1|Page _Mathias El Tribe Trust | 28740 Bell Rd. Southfield, MI
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139222 Liber 60673 Page 064 thru 866 The Grantors act in good faith to vest title into the Mathias El Tribe Trust, to be managed jointly by its Trustees, including Mathew-Allen McCaster and Michael Dalton, for lawful tribal and public use under the authority of the Tribe. IV-C. Religious and Ceremonial Use Declaration The property described herein is also dedicated as a sacred and ceremonial center for the people of the Mathias El Tribe, to be used for gatherings, prayer, education, and spiritual healing conslstent with the Tribe's traditions and customs. This dedication is recognized as a religious and
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;
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1392
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Page 1
STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR PROPERTY TAX APPEAL PETITION FORM OTHER EXEMPTION *Do not use this form for PRE, QAE, Poverty, or Disabled Veteran’s Exemptions* MTT DOCKET NO. Petitioner’s Contact Information: Filer Type Individual Local Unit of Government First Name Mathias El Tribe M.I. Last Name Trust Mailing Address (No., Street, P.O. Box or Rural Route) 4305 Sun Devils Avenue City or Town Bakersfield State California ZIP Code 93313 Telephone Number 8184777244 E-mail Address mmccaster@mathiaseltribe.org Subject Property Information: How many parcels are you appealing? 1 Are they contiguous or adjoining? *If no, you must file separate appeals for each parcel N/A Classification of Property: Real (check one) Residential (check one) Property Address (No., Street) 28740 Bell Rd City or Town Southfield County Oakland State Michigan ZIP Code 48034 Taxing Authority (City or Township) Unknown Please Explain the Reason for this Appeal:
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR Appeal Statement This appeal challenges the assessor’s classification and asserted jurisdictional authority regarding Parcel ID 76-24-16-201-019. The subject property is owned by the Matthias L. Tribe Trust and is not solely or privately owned residential property subject to ordinary municipal taxation under MCL 211.34c. The current “residential” designation has been selected only because it is the classification presently imposed by the assessor and is the subject of this challenge. Such selection does not concede that the property is lawfully classifiable within the Michigan statutory property classification framework. The recorded conveyance instrument expressly identifies the property as Tribal Trust property held for governmental, cultural, charitable, and community purposes. The instrument further reserves protected status, jurisdictional rights, and applicable federal protections associated with this conveyance. Additionally, the deed specifies that jurisdiction over matters arising from the instrument is retained within the Matthias L. Tribe Trust and its governing and administrative bodies. MCL 211.34c does not provide a classification applicable to tribal or tribal trust governmental lands. Because classification is a threshold determination upon which assessment jurisdiction depends, the current classification, uncapping, and taxation actions are disputed as exceeding lawful authority. This filing is made under special appearance and without waiver of any objections to jurisdiction, classification authority, taxing authority, federal preemption, or any related protections previously noticed to the assessing authorities. Jurisdictional Issues: List the exemption being appealed: Asserted exclusion from ordinary municipal taxation and assessment authority related to the tribal trust governmental property improperly classified as residential property for taxation purposes. List the Statutory authority for the exemption being appealed: 25 U.S.C. § 177; federal preemption principles; recorded tribal trust conveyance and jurisdictional reservations; disputed applicability of MCL 211.34c classification framework. What action prompted this appeal: 2026 assessment notice classifying the property as “401 Residential,” assigning taxable value, and asserting assessment jurisdiction over property held by
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STA
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.