Record Finder / 24-003717-TT
Michigan
Michael OConnor, Petitioner V City Of Gladstone, Respondent
- Petitioner
- Michael OConnor
- Respondent
- City Of Gladstone
Case overview
- Docket number
- 24-003717-TT
- Status
- Disposed
- CaseType
- SC Property
- Division
- Small Claims Division
- County
- Delta
- Judge
- No judge assigned
Docket history
| Line # | Subject | Filer | Line Ref | Enter Date/Post Mark | Fee | Related Item |
|---|---|---|---|---|---|---|
| 11 | Order of Dismissal | Not recorded | Not recorded | 09/19/2025 | Not recorded | Download |
| 10 | Evidence was received. | PET | Not recorded | 08/20/2025 | Not recorded | Download |
| 9 | Evidence was received. | PET | Not recorded | 07/28/2025 | Not recorded | Download |
| 8 | Order Setting Aside R Default | Not recorded | Not recorded | 11/18/2024 | Not recorded | Download |
| 7 | Response to Order | RESP | Not recorded | 10/30/2024 | Not recorded | Download |
| 6 | Order of Default of Respondent | Not recorded | Not recorded | 10/22/2024 | Not recorded | Download |
| 5 | Answer was received | RESP | Not recorded | 10/09/2024 | Not recorded | Download |
| 4 | Notice of Filing | Not recorded | Not recorded | 10/22/2024 | Not recorded | Download |
| 3 | Petition has been verified | PET | 1 | 10/09/2024 | Not recorded | Download |
| 2 | Notice of Docket Number SC | Not recorded | Not recorded | 10/09/2024 | Not recorded | Download |
| 1 | A petition was received. | PET | Not recorded | 07/19/2024 | $100.00 | Download |
Documents
Order_of_Dismissal.2025-09-19_09-28-07.0000.pdfRead complete document text →
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR MICHIGAN TAX TRIBUNAL · 611 W. OTTAWA ST., LANSING, MI 48933 · 517-335-9760 PO BOX 30232, LANSING, MI 48909 · Other Carriers: 2407 N. GRAND RIVER AVE., LANSING, MI 48906 Michael OConnor, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003717 City Of Gladstone, Respondent. ORDER OF DISMISSAL The Tribunal has reviewed the file in the above-captioned case and finds that: The petition was not filed within 30 days after the confirmation of the special assessment roll. See MCL 211.746. As such, and inasmuch as the Tribunal has no equitable power to waive or otherwise disregard statutory filing requirements and deadlines, it has no authority to hear the appeal or grant the relief requested. See Sixarp, LLC v Byron Twp, __Mich__; __NW3d__ (2025). Therefore, IT IS ORDERED that the case is DISMISSED. This order resolves all pending issues and closes the 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.
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MTT Docket No. 24-003717 Page 2 of 7 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. By:___________________________________ Patricia L. Halm, Tribunal Chair Entered: September 19, 2025 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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Michael OConnor 526 Minnesota Ave Gladstone , MI 49837
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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 Michael OConnor, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003717 City Of Gladstone, Respondent. ORDER OF DISMISSAL The Tribunal has reviewed the file in the above-captioned case and finds that: The petition was not filed within 30 days after the confirmation of the special assessment roll. See MCL 211.746. As such, and inasmuch as the Tribunal has no equitable power to waive or otherwise disregard statutory filing requirements and deadlines, it has no authority to hear the appeal or grant the relief requested. See Sixarp, LLC v Byron Twp, __Mich__; __NW3d__ (2025). Therefore, IT IS ORDERED that the case is DISMISSED. This order resolves all pending issues and closes the 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.
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MTT
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STAT
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Before the Michigan Department of Licensing and Regulatory Affairs Michigan Office of Administration Hearings and RuleR CEIVED Michigan Tax Tribunal PO Box 30232 AUG 26 2025 Lansing, Michigan MICHIGAN TAX TRIBUNAL Michael O'Connor MOAHR No.24-003717 Petitioner Special Assessment City of Gladstone Police & Fire Protection Respondent Documentation Certification of Determination & Section 117.d Home Rule City Act Ad Valorem Special Assessment Police and Fire Protection Act 33 of 1951 Additional Documents: The Constitution of Michigan of 1963 - Constitution VII S 22 Charters, resolutions, ordinances: enumeration of powers specifically provides powers expressly granted under the Home Rule Act 179 of 1909 MCL 117.4d to establish special assessments or in this case the power of the electors to stop all special assessments. * It is proposed by an initiative petition that Chapter XI, Special Assessments, be amended to remove the city's authority to levy and collect special assessments by abrogating Sections 2 through 28 and replacing the text of Section 1 with: The commission shall not have the power to levy and collect special assessments. The City of Gladstone shall immediately cease all actions to collect any special assessment. Certification of vote. Respectfully Submitted this 20th Day of August, 2025 ~Z#), Michael O'Copfnor
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fvlun Sign Up Log In MCL - Article VII § 22 Download Section Chapter 1 CONSTITUTION OF MICHIGAN OF 1963 Constitution-VII 4 Previous Section Next Section p STATE CONSTITUTION (EXCERPT) CONSTITUTION OF MICHIGAN OF 1963 § 22 Charters, resolutions, ordinances; enumeration of powers. Sec. 22. Under general laws the electors of each city and village shall have the power and authority to frame, adopt and amend its charter, and to amend an existing charter of the city or village heretofore granted or enacted by the legislature for the government of the city or village. Each such city and village shall have power to adopt resolutions and ordinances relating to its municipal concerns, property and government, subject to the constitution and law. No enumeration of powers granted to cities and villages in this constitution shall limit or restrict the general grant of authority conferred by this section. History: Const. 1963, Art. VII, § 22, Eff. Jan. 1, 1964 Former Constitution: See Const. 1908, Art. VIII, § 21.
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MCL - Section 117.4d Download Section Chapter 117 Act 279 of 1909 4 Previous Section Next Section p THE HOME RULE CITY ACT (EXCERPT) Act 279 of 1909 117.4d Permissible charter provisions; assessing costs of public improvement and boulevard lighting system; definitions. Sec. 4d. (1) Each city may in its charter provide: (a) For assessing and reassessing the costs, or a portion of the costs, of a public improvement to a special district. (b) For assessing the cost, or a portion of the costs, of installing a boulevard lighting system on a street upon the lands abutting the street. A city shall not establish a special assessment district for a boulevard lighting system if the district includes the entire city, unless the special assessments against the real property within the district are levied on other than an ad valorem basis. (2) As used in this section: (a) "Boulevard lighting system" means any design or method of providing light to a street. (b) "Cost" includes necessary condemnation cost and necessary expenses incurred for engineering, financial, legal, or administrative services; operation and Laws Wore Sign Up Log In
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(c) "Street" means a public avenue, street, highway, road, path, boulevard, or alley or other access used for travel by the public. History: Add. 1929, Act 126, Eff. Aug. 28, 1929 ;-- CL 1929, 2234 ;-- CL 1948, 117.4d ;-- Am. 1961, Act 124, Eff. Sept. 8, 1961 ;-- Am. 1964, Act 27, Imd. Eff. Apr. 29, 1964 ;-- Am. 1988, Act 201, Imd. Eff. June 29, 1988 Acceptable Use Policy Privacy Policy DMCA Policy Comment Form Legislative Directory Accessibility Site Map Bills Meetings Laws The Michigan Legislature Website is a free service of the Legislative Service Bureau in cooperation with the Michigan Legislative Council, the Michigan House of Representatives, the Michigan Senate, and the Library of Michigan. This site is intended to provide accurate and timely legislative information to the citizens of the State of Michigan and other interested parties. Additional historical documents can be found at https://www.michigan.gov/libraryofmichigan. The information obtained from this site is not intended to replace official versions of that information and is subject to revision. The Legislature presents this information, without warranties, express or implied, regarding the accuracy of the information, timeliness, or completeness. If you believe the information is inaccurate, out-of-date, or incomplete or if you have problems accessing or reading the information, please send your concerns to the appropriate agency using the online Comment Form in the bar above this text.
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CERTIFICATE OF DETERMINATION GENERAL ELECTION TUESDAY NOVEMBER 5, 2024 Proposed Gladstone Charter Amendment to Remove the City’s Power to Levy and Collect Special Assessments The Proposed Gladstone Charter Amendment to Remove the City’s Power to Levy and Collect Special Assessments did receive more yes votes than no votes and
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Escanaba
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RECEIVED AUG 11 2075 Before the Michigan Department of Licensing and Regulatory Affaire" TAX TRisunaL Michigan Office of Administration Hearings and Rules Michigan Tax Tribunal PO Box 30232 Lansing, Michigan Michael O'Connor MOAHR No.24-003717 Petitioner Special Assessment City of Gladstone Police & Fire Protection Respondent Documentation Ad Valorem Special Assessment Police and Fire Protection Act 33 of 1951 On November 5th, 2024, the electors of the City of Gladstone amended the City Charter to remove the power of the City Commission to levy and collect Special Assessments. It is proposed by an initiative petition that Chapter XI, Special Assessments, be amended to remove the city's authority to levy and collect special assessments by abrogating Sections 2 through 28 and replacing the text of Section 1 with: The commission shall not have the power to levy and collect special assessments. The City of Gladstone shall immediately cease all actions to collect any special assessment. The wording of the amendment is clear and unambiguous. The Constitution of Michigan of 1963 - Constitution Vil S 22 Charters, resolutions, ordinances: enumeration of powers specifically provides powers expressly granted under the Home Rule Act 179 of 1909 MCL 117.4d to establish special assessments or in this case the power of the electors to stop all special assessments. The City Manager in a letter dated November 13th, 2024 notes the amendment will only apply to roads and infrastructure special assessments.” The City Manger failed to follow the revised City of Gladstone Charter as the wording specifically notes the City shall cease all actions to collect any special assessment. The City began billing for the Police and Fire protection Special Assessment on tax bills with a due date of 2/14/2025. Respectfully Submitted this 28th Day of July, 2025
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CITY OF GLADSTONE, MICHIGAN CITY HALL, 1100 DELTA AVENUE GLADSTONE, MI 49837 PHONE: 906-428-2311 FAX: 906-428-3122 www.gladstonemi.gov “Bean Round Playground” November 13, 2024 Dear Resident, On November 5%, the Charter Amendment proposal removing the power of the City Commission to levy and collect for roads and infrastructure passed. As a result, the city is no longer able to special assess residents to help offset expenses to improve roads and infrastructure. As of November 6", you will no longer be required to make installments for the paving and/or infrastructure improvements made to your street. Your outstanding balance has been forgiven. If you have made an installment payment on November 6%" or after, a refund check is included in this letter. If you have any questions or need further clarification, please contact us at (906) 428-2311 or email myself at ebuckman@gladstonemi.gov, Vicki Schroeder at vschroeder@gladstonemi.gov or Kimberly Berry at kberry@gladstonemi.gov. Sincerely, Caer 0). Budever._ Eric Buckman City Manager
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gos, ay bt = N Lise STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON |. BROWN, DPA SOHERNER LANSING DIRECTOR Michael O'Ganrior MICHIGAN TAX TRIBUNAL Petitioner(s) v MTT Docket No. 24-003717 City of Gladstone , Respondent(s) PROOF OF SERVICE Micheal O'Connor states that on 7 28 2025 he/she [Name of person serving/mailing petition] [date of service] served a copy of the documents relative to the above-captioned matter upon: [Provide name and address of the party/people being served] Janice Frizzell City of Gladstone 1100 Delta Ave Gladstone, Mi 49837 A, [Signature df person who is serving/mailing copy] Michael O'Connor [Print/type name of person serving/mailing copy]
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Lansing, Michigan {R909These are text excerpts, not the complete document. Text recognition and reading order can contain errors. Check the PDF for complete wording, formatting, and context.
Order_Setting_Aside_R_Default.2024-11-18_11-09-59.0000.pdfRead complete document text →
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR MICHIGAN TAX TRIBUNAL · 611 W. OTTAWA ST., LANSING, MI 48933 · 517-335-9760 PO BOX 30232, LANSING, MI 48909 · Other Carriers: 2407 N. GRAND RIVER AVE., LANSING, MI 48906 Michael OConnor, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003717 City Of Gladstone, Respondent. ORDER SETTING ASIDE DEFAULT The Tribunal has reviewed the file in the above-captioned case and finds that Respondent was held in default on October 22, 2024, and the default has been timely cured. The documents curing the default can be reviewed through the docket search function on the Tribunal’s website at www.michigan.gov/taxtrib by inputting the docket number and clicking on the document link next to the line item entry for the documents. Therefore, IT IS ORDERED that the Default is SET ASIDE. By_________________________________ Patricia L. Halm, Tribunal Chair Entered: November 18, 2024 PROOF OF SERVICE I certify that a copy of the foregoing was sent on the entry date indicated above to the parties or their attorneys or authorized representatives, if any, utilizing either the mailing or email addresses on file, as provide by those parties, attorneys, or authorized representatives. By: Tribunal Clerk
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Michael OConnor 526 Minnesota Ave Gladstone , MI 49837
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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 Michael OConnor, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003717 City Of Gladstone, Respondent. ORDER SETTING ASIDE DEFAULT The Tribunal has reviewed the file in the above-captioned case and finds that Respondent was held in default on October 22, 2024, and the default has been timely cured. The documents curing the default can be reviewed through the docket search function on the Tribunal’s website at www.michigan.gov/taxtrib by inputting the docket number and clicking on the document link next to the line item entry for the documents. Therefore, IT IS ORDERED that the Default is SET ASIDE. By_________________________________ Patricia L. Halm, Tribunal Chair Entered: November 18, 2024 PROOF OF SERVICE I certify that a copy of the foregoing was sent on the entry date indicated above to the parties or their attorneys or authorized representatives, if any, utilizing either the mailing or email addresses on file, as provide by those parties, attorneys, or authorized representatives. By: Tribunal Clerk
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CITY OF GLADSTONE, MICHIGAN CITY HALL, 1100 DELTA AVENUE GLADSTONE, MI 49837 PHONE: 906-428-2311 FAX: 906-428-3122 www.gladstonemi.org RECEIVED NOV 0 6 2024 MICHIGAN Tax TRIBUNAL Proof of Service October 28%, 2024 MTT Docker Number 24-003717 | certify'that true copies of the attached were mailed to the Michigan Tax Tribunal and the EAE 2 2 petitioner on the above date. Cho mgd.
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STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR DIRECTOR LANSING Michael OConnor, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003717 City Of Gladstone, Respondent. ORDER OF DEFAULT The Tribunal has reviewed the file in the above-captioned case and finds that: Respondent did not submit a copy of the notice giving rise to the appeal (i.e., resolution confirming the special assessment roll), as required by TTR 279. As such, Respondent must submit the notice within 14 days of the entry of this Order. Therefore, IT IS ORDERED that Respondent 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.! 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 alice oT Tale Entered: October 22, 2024 Patricia L. Halm, Tribunal Chair
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SPECIAL ASSESSMENT NO. 2024-324 RESOLUTION NO. 2024-04-03 (Act 33 Police and Fire Protection) City of Gladstone County of Delta, State of Michigan Minutes of a regular meeting of the City Commission of the City of Gladstone, County of Delta, State of Michigan, held in the City on June 10, 2024, at 6:00 p.m., Eastern Daylight Time. PRESENT: Mayor Joe Thompson; Commissioners Judy Akkala, Brad Mantela and Robert Pontius: ABSENT: None VACANCY: One The following preamble and resolution were offered by Commissioner Brad Mantela and supported by Commissioner Judy Akkala: WHEREAS, the City Commission of the City of Gladstone, County of Delta, State of Michigan, pursuant to Act 33, Public Acts of Michigan, 1951, as amended (“Act 33”), has established the City of Gladstone Police and Fire Protection Special Assessment District (the “District™) to pay for certain costs and expenses of police and fire motor vehicles, apparatus, equipment, housing and operations (the “Assessed Costs”) and assess the costs thereof to the property specially benefitted by said Police and Fire Protection in the District; and WHEREAS, the City Commission approved an estimate of the first year’s special
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WHEREAS, alter due and legal notice, the City Conumission met on June 10, 2024, and heard objections to the distribution of the special assessment levy; and WHEREAS, the City Commission deems said special assessment levy to be fair and equitable. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The 2024 levy for Assessed Costs in the amount of $564,232.00, is hereby confirmed and approved, 2. The City Treasurer is hereby directed to distribute the special assessment levy on the taxable value of all lands and premises in the District subject to ad valorem taxation, in a column on the regular tax roll in the amount of 4.50 mills. 4. The City Commission shall annually determine the amount to be assessed in the District for police and fire protection, shall direct the Treasurer to distribute the special assessment levy, and shall hold a hearing on the estimated costs and expenses of Police and Fire Protection and on the distribution of the levy. The special assessment shall be made in a column provided in the regular tax roll. The special assessment shall be distributed and shall become due and be collected at the same time as other City taxes ave assessed, levied, and collected, and shall be returned in the same manner for nonpayment, provided that for 2024, 2.00 mills shall be levied on July 1, 2024, and 2,50 mills shall be levied on December 1, 2024, all in accordance with Act 33. If the collections received
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sufficient money from the general fund of the City to the special assessment fund. This money shall be repaid to the general fund of the City out of special assessment levy when collected. 5. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. Commissioner Judy Akkala Yes Commissioner Brad Mantela Yes Commissioner Robert Pontius Yes Mayor Joe Thompson Yes NAYS: None VACANCY: One RESOLUTION DECLARED ADOPTED. A 7 XA V. LALA / Kimberly Berry 4 City Clerk I hereby certify that the foregoing is a true and complete copy of a resolution adopted by the City Commission of the City of Gladstone, County of Delta, Michigan, at a regular meeting held on June 10, 2024, and that said meeting was conducted and public notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act, being Act 267, Public Acts of Michigan, 1976, as amended, and that the minutes of said meeting were kept and will be or have been made available as required by said Act. J ambit, pA a ere oa Berry City Clerk
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CITY OF GLADSTONE HIRMGEFORD MI A898, 1100 DELTA AVENUE be - TE GLADSTONE, MI 49837 S0ONIT BOE Pi > Michigan Tax Tribunal Lansing Mj 48000 pala foto ltd eel pg By hah] ® A WPPI| Energy
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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 Michael OConnor, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003717 City Of Gladstone, Respondent. ORDER OF DEFAULT The Tribunal has reviewed the file in the above-captioned case and finds that: Respondent did not submit a copy of the notice giving rise to the appeal (i.e., resolution confirming the special assessment roll), as required by TTR 279. As such, Respondent must submit the notice within 14 days of the entry of this Order. Therefore, IT IS ORDERED that Respondent 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 22, 2024 Patricia L. Halm, Tribunal Chair
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MTT Docket No. 24-003717 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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Michael OConnor 526 Minnesota Ave Gladstone , MI 49837
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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 Michael OConnor, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003717 City Of Gladstone, Respondent. ORDER OF DEFAULT The Tribunal has reviewed the file in the above-captioned case and finds that: Respondent did not submit a copy of the notice giving rise to the appeal (i.e., resolution confirming the special assessment roll), as required by TTR 279. As such, Respondent must submit the notice within 14 days of the entry of this Order. Therefore, IT IS ORDERED that Respondent 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 22, 2024 Patricia L. Halm, Tribunal Chair
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MTT Docket No. 24-003717 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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CITY OF GLADSTONE, MICHIGAN CITY HALL, 1100 DELTA AVENUE GLADSTONE, 4983 "RECEIVED PHONE: 906-428-2311 FAX: 906-428-3122 OCT 1 4 2024 www.gladstonemi.gov MICHIGAN TAX TRIBUNAL Proof of Service October 9%, 2024 MTT Docker Number 24-003717 I'certify that true copies of the attached were mailed to the Michigan Tax Tribunal and the ST 3 ¢ petitioner on the above date. Ooty
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STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON I. BROWN, DPA
GOVERNOR
LANSING
DIRECTOR
PROPERTY TAX APPEAL ANSWER FORM
SPECIAL ASSESSMENT
MTT DOCKET NO. 24003717
Pursuant to Michigan Tax Tribunal Rule (TTR) 279(4), you MUST submit a copy of the notice giving rise to the appeal (e.g. the special
assessment confirmation roll} with this Small Claims Answer if applicable. If you do not submit this document, you may be held in
default.
Section 1: Respondent’s Contact Information
Unit of Government:
Clty of Gladstone
Section 2: Respondent’s Attorney/Authorized Representative's Contact Information
b)
First Name
M.L
Last Name
Janice
Frizzell
Firm Name (if any)
Address (No., Street, P.O, Box or Rural Route}
1100 Delta Ave
City or Town
State
ZIP Code
Gladstone
Mi
49837
Telephone Number
Fax Number
906-428-3737
E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail)
jfrizzell@gladstonemi.gov
Section 3: Subject Property Information
Parcel (dentification Number(s):
052-016-015-00
if multiple parcels are being appealed are they contiguous or adjoining?
Oves
[One
NIA
Taxing Authority {City or Township)
County D
elta
City of GladstonePage 3
STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON | BROWN, DPA
GOVERNOR
LANSING
Section 4: Explain Your Answer to this Appeal
All procedures and notifications were followed according to the law.
Section 5: Jurisdictional Issues
Did Petitioner protest the special assessment at the hearing held to confirm the special assessment rofl?
Yes
[HI] No
What was the date of the hearing held to confirm the special assessment roll?
June 10th 2024
How many years is the special assessment being levied?
What is the total amount of the special assessment being levied
{per parcel)?
4.5 Mills
What is the basis for the special assessment? Identify the applicable statutory provision,
Act 33, Public Acts of Michigan, 1951,
Signature required
Respondent or Attorney/Authorized Representative’s me
)
[5%
.
Chiu
ae
04Page 4
_GITY OF GLADSTONE 1100 DELTA AVENUE GLADSTONE, MI 49837 BE E 10/09/2024 ZIP 4 043M31255455 Michigan Tax Tribunal PO BOX 30232 lansing, MI 48909 predaflylaghlyy le AH) ABSLIETTIZ ) A WPPI Energy community
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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 Michael OConnor, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003717 City Of Gladstone, Respondent. NOTICE OF FILING TAKE NOTICE that a Small Claims answer has been filed and the electronic copy of the answer can be reviewed by utilizing the Docket Lookup on the Tribunal’s website. Unless Respondent was defaulted, this case is ready to be scheduled for a Small Claims hearing and will be scheduled in the normal course of scheduling. You will receive a Notice of Hearing from the Tribunal by e-mail if you have identified an email address in the petition or other documentation. The Notice of Hearing will inform you of the date, time, and location of your hearing (note that your hearing will likely be conducted by telephone). Please read the Notice of Hearing as it includes important information. EVIDENCE: Parties are required to submit all evidence to the Tribunal and send a copy to the opposing party at least 21 days before the hearing date even if the documents had been submitted to the local Board of Review or the Michigan Department of Treasury. If the documents are not timely submitted to the Tribunal and served on the opposing party, the documents may be excluded. Documents may be filed with the Tribunal by mail or through the Tribunal’s e-filing system. Documents may be sent to the opposing party by mail or by e-mail, if the parties agree to service by e-mail. Alternate Dispute Resolution Options INFORMAL SETTLEMENT CONFERENCE: Parties have the option of handling this case through an informal settlement conference. An informal settlement conference is a meeting between the parties and/or their representatives to discuss the issues in a case in an effort to settle the case. This process may be an alternative to a hearing with a judge and may result in the parties’ filing a Joint Stipulation for Entry of Consent Judgment. Visit the Tribunal’s ADR webpage for more information. MEDIATION: Parties have the option of handling this case through mediation. Mediation is a voluntary process where a mediator facilitates communication between the parties, assists in identifying issues, and helps explore solutions to promote a mutually acceptable settlement. This process may be an alternative to a hearing with a judge and may result in the parties’ filing a Joint Stipulation for Entry of Consent Judgment. Visit the Tribunal’s ADR webpage for more information.
Page 2
MTT Docket No. 24-003717 Page 2 of 7 If you have any questions, please contact the Tribunal by phone at (517) 335-9760 or email taxtrib@michigan.gov. By: Tribunal Clerk Entered: October 22, 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 3
Michael OConnor 526 Minnesota Ave Gladstone , MI 49837
Page 4
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 Michael OConnor, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003717 City Of Gladstone, Respondent. NOTICE OF FILING TAKE NOTICE that a Small Claims answer has been filed and the electronic copy of the answer can be reviewed by utilizing the Docket Lookup on the Tribunal’s website. Unless Respondent was defaulted, this case is ready to be scheduled for a Small Claims hearing and will be scheduled in the normal course of scheduling. You will receive a Notice of Hearing from the Tribunal by e-mail if you have identified an email address in the petition or other documentation. The Notice of Hearing will inform you of the date, time, and location of your hearing (note that your hearing will likely be conducted by telephone). Please read the Notice of Hearing as it includes important information. EVIDENCE: Parties are required to submit all evidence to the Tribunal and send a copy to the opposing party at least 21 days before the hearing date even if the documents had been submitted to the local Board of Review or the Michigan Department of Treasury. If the documents are not timely submitted to the Tribunal and served on the opposing party, the documents may be excluded. Documents may be filed with the Tribunal by mail or through the Tribunal’s e-filing system. Documents may be sent to the opposing party by mail or by e-mail, if the parties agree to service by e-mail. Alternate Dispute Resolution Options INFORMAL SETTLEMENT CONFERENCE: Parties have the option of handling this case through an informal settlement conference. An informal settlement conference is a meeting between the parties and/or their representatives to discuss the issues in a case in an effort to settle the case. This process may be an alternative to a hearing with a judge and may result in the
Page 5
M
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Page 1
RECEIVED
HY
JUL 24 2024
RY
2)
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
SPECIAL ASSESSMENT
Section 1: Petitioner’s Contact Information
First Name
MI.
Last Name/Company Name
Michael
O'Connor
Mailing Address {No., Street, P.Q. Box or Rural Route)
526 Minnesota Ave
City or Town
State
ZIP Code
Gladstone
MI
149837
Telephone Number
Fax Number
906 241 9808
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
1}
First Name
mE
Last Name
Firm Name (if any)
Address (No., Street, P.O. Box or Rural Route)
City or Town
State
ZIP Code
Telephone Number
Fax Number
E-maif Address (do not enter unless you want MTT to send all correspondence via e-mail)
Section 3: Subject Property Information
How many
if you are appealing more than one parcel, are they contiguous or adjoining?
parcels are you
| [7] yes*
Nor
[] nia
appealing?
*if yes, use a multiple parcel form for information regarding any contiguous parcels,
1
**If no, you must file separate appeals for each non-contiguous or non-adjoining parcel or you will be defaulted.
Property Address {No., Street, City, ST, ZIP}
[If muitiple, list first property's address]
526 Minnesota AvePage 2
STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS GOVERNOR LANSING Section 4: Explain the Reason for this Appeal MARLON |. BROWN, DPA DIRECTOR Failure of the City to follow required notification and city charter requirements Section 5: Jurisdictional Issues Did you protest the special assessment at the hearing held to confirm the special assessment roll? Yes O No If Yes, what was the date of the hearing held to confirm the special assessment roll? June 10 2024 If No, explain: Fee Information: A fee of $100.00 is required for the filing of a Special Assessment Appeal. Signature required Petitioner or Attorney/Authorized Representative’s Signature: - 2/0) 7... Michael O'Connor id Mrey
Page 3
& STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR Michael O'Connor , MICHIGAN TAX TRIBUNAL Petitioner(s) \ MTT Docket No. City of Gladstone , Respondent(s) PROOF OF SERVICE el O'Connor states that on 7 15 2024 he/she [Name of person serving/mailing petition] [date of service] served a copy of the appeal relative to the above-captioned matter upon: [Provide name and address of the party/people being served] City of Gladtone Trannfo:4e06 DRTE963-1 07/19/24 1100 Delta Ave od: ZT at: $100.00 Gladstone, Mi 49837 TD: MICHAEL OCONNOR Wir Soran jeer who is serving/mailing copy] Michael O'Connor [Print/type name of person serving/mailing copy]
Page 4
Mick qq Tax Tribowl YAN 306232 Lausimg MT 48909 4830837752 I OE A En TE A TE FH UATE FT FRET IR TE
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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 Michael OConnor, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003717 City Of Gladstone, 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 9, 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
Michael OConnor 526 Minnesota Ave Gladstone , MI 49837
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 Michael OConnor, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003717 City Of Gladstone, 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 9, 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.
O'Connor.pdfRead complete document text →
Read document text excerpt
Page 1
RECEIVED
HY
JUL 24 2024
RY
2)
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
SPECIAL ASSESSMENT
Section 1: Petitioner’s Contact Information
First Name
MI.
Last Name/Company Name
Michael
O'Connor
Mailing Address {No., Street, P.Q. Box or Rural Route)
526 Minnesota Ave
City or Town
State
ZIP Code
Gladstone
MI
149837
Telephone Number
Fax Number
906 241 9808
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
1}
First Name
mE
Last Name
Firm Name (if any)
Address (No., Street, P.O. Box or Rural Route)
City or Town
State
ZIP Code
Telephone Number
Fax Number
E-maif Address (do not enter unless you want MTT to send all correspondence via e-mail)
Section 3: Subject Property Information
How many
if you are appealing more than one parcel, are they contiguous or adjoining?
parcels are you
| [7] yes*
Nor
[] nia
appealing?
*if yes, use a multiple parcel form for information regarding any contiguous parcels,
1
**If no, you must file separate appeals for each non-contiguous or non-adjoining parcel or you will be defaulted.
Property Address {No., Street, City, ST, ZIP}
[If muitiple, list first property's address]
526 Minnesota AvePage 2
STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS GOVERNOR LANSING Section 4: Explain the Reason for this Appeal MARLON |. BROWN, DPA DIRECTOR Failure of the City to follow required notification and city charter requirements Section 5: Jurisdictional Issues Did you protest the special assessment at the hearing held to confirm the special assessment roll? Yes O No If Yes, what was the date of the hearing held to confirm the special assessment roll? June 10 2024 If No, explain: Fee Information: A fee of $100.00 is required for the filing of a Special Assessment Appeal. Signature required Petitioner or Attorney/Authorized Representative’s Signature: - 2/0) 7... Michael O'Connor id Mrey
Page 3
& STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR Michael O'Connor , MICHIGAN TAX TRIBUNAL Petitioner(s) \ MTT Docket No. City of Gladstone , Respondent(s) PROOF OF SERVICE el O'Connor states that on 7 15 2024 he/she [Name of person serving/mailing petition] [date of service] served a copy of the appeal relative to the above-captioned matter upon: [Provide name and address of the party/people being served] City of Gladtone Trannfo:4e06 DRTE963-1 07/19/24 1100 Delta Ave od: ZT at: $100.00 Gladstone, Mi 49837 TD: MICHAEL OCONNOR Wir Soran jeer who is serving/mailing copy] Michael O'Connor [Print/type name of person serving/mailing copy]
Page 4
Mick qq Tax Tribowl YAN 306232 Lausimg MT 48909 4830837752 I OE A En TE A TE FH UATE FT FRET IR TE
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.