Tdc Endeavor Three LLC, Petitioner V City Of Sandusky, Respondent
- Petitioner
- Tdc Endeavor Three LLC
- Respondent
- City Of Sandusky
Case overview
- Docket number
- 24-003366-TT
- Status
- Disposed
- CaseType
- SC Property
- Division
- Small Claims Division
- County
- Sanilac
- Judge
- No judge assigned
Docket history
| Line # | Subject | Filer | Line Ref | Enter Date/Post Mark | Fee | Related Item |
|---|---|---|---|---|---|---|
| 20 | Denied | PET | 17 | 01/13/2025 | Not recorded | Download |
| 19 | Denied | PET | 14 | 01/13/2025 | Not recorded | Download |
| 18 | Order Denying Motion | Not recorded | Not recorded | 01/13/2025 | Not recorded | Download |
| 17 | A request for waiver of fees was filed. | PET | Not recorded | 12/03/2024 | Not recorded | Download |
| 16 | Response to Order | PET | 14 | 12/20/2024 | $25.00 | Download |
| 15 | No Action Taken | Not recorded | Not recorded | 12/06/2024 | Not recorded | Download |
| 14 | Motion for Reconsideration was received. | PET | Not recorded | 11/30/2024 | $0.00 | Download |
| 13 | Proof of Service | PET | Not recorded | 12/02/2024 | Not recorded | Download |
| 12 | Order of Dismissal | Not recorded | Not recorded | 11/26/2024 | Not recorded | Download |
| 11 | Denied | PET | 6 | 11/26/2024 | Not recorded | Download |
| 10 | Order Denying Motion | Not recorded | 6 | 11/26/2024 | Not recorded | Download |
| 9 | Order extending P's default | Not recorded | 4 | 10/30/2024 | Not recorded | Download |
| 8 | Placed in abeyance. | PET | 6 | 10/30/2024 | Not recorded | Download |
| 7 | Order Placing Motion in Abeyance | Not recorded | 6 | 10/30/2024 | Not recorded | Download |
| 6 | Motion to Set Aside Default was received. | PET | 5 | 10/01/2024 | $50.00 | Download |
| 5 | Order extending default | Not recorded | Not recorded | 10/01/2024 | Not recorded | Download |
| 4 | Order of Default of Petitioner | Not recorded | Not recorded | 09/04/2024 | Not recorded | Download |
| 3 | Petition has been verified | PET | 1 | 09/04/2024 | Not recorded | Download |
| 2 | Notice of Docket Number SC | Not recorded | Not recorded | 09/04/2024 | Not recorded | Download |
| 1 | A petition was received. | PET | Not recorded | 05/16/2024 | $250.00 | Download |
Documents
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Page 1
RECEIVED ER JAN 03 2025 LE se MICHIG ie AN TAX TRIBUNAL STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR TOC ENDEAV=R. THREE, LLC. Petitioner(s) v MTT Docket No, 24-426 3 2441T CATH OF SANDUSEy Request Date: 12~ 2-202 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. 0 I receive the following type(s) of public assistance because of indigence: I Food Assistance Program through the State of Michigan (known as FAP or SNAP) [J Medicaid (including Healthy Michigan, CHIP, and ESO) OJ Family Independence Program through State of Michigan (known as FIP or TANF) [J Women, Infants, and Children benefits (WIC) [J Supplemental Security Income through the federal government (SSI) [J Other means-tested public assistance 2. Olam represented by a legal services program, or | receive assistance from a law school clinic because of indigence. The name of the legal services program or law school clinic is: 3. [lam unable to pay the fees and | 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: NoT PECIEVING: LARA EMAILS. To DATE OF fo] 4 12-1-2024¢
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"DEPENDABLE CHOICES - HONEST ANSWERS" PH: 877-852-4678 - FX: 810-648-5251 << TLC | N SURANCE cE = r— E i zp ase $ 0006043757 www.tlcagencies.com FIRST-CLASS 415 W. Sanilac Road © Sandusky, MI 48471 MicHAEAN TAK TRABUN &C BN: SapnN ALY Po BOX Bol 572 Gil al, OTTAWA ST LANSING, MI 48935 Dept of Treasury Received JAN 0 2 2025 Mail Lansing Mich
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TDC Endeavor Three, LLC PHONE (810)404-4777 7101 Custer Road, Port Sanilac, MI 48469 thumb65@gmail.com November 27, 2024 RECEIVED DEC 02 2024 Michigan Tax Tribunal PO Box 30232 Lansing, MI 48909 MICHIGAN TAX TRIBUNAL To Whom it may concern in regards to docket number 24-003366TT I had correspondence with Erica saying to upload my documents, yet upon going to your site, it is in diposal and cannot upload. On 10/1/2024 1 spoke to Savanah at length and she was very helpful in getting me back on track after Not receiving notifications via email in regards to my docket - We verified email was correct in your system - She told me the forms needed (Motion to be set aside & Proof of Service) verified and printed, helped me with what should be included in motion to set aside, including asking for the Waiver of the $25 payment due to not receiving correspondeance. - She showed me where I was in default of payment - Walked me thru the process of uploading a document 1 did all that was required per Savannah to get back on track, completed the Motion to set aside default, the Extra payment required, the email to city of Sandusky accessor, then after all completed, I uploaded first the Motion to set aside default, then the Proof of service, asking for Waiver of the motion fee. To date, I have not received one correspondence from LARA in regards to this petition, until yesterday, which I got today cause I'm still required to drive wife (next 6 months UBER on demand) to doctors appt due to her accident in Sept. We had 2 yesterday. Upon notice I immediately replied to email from Katie C, then Erica and I emailed back and forth, I cannot see anything on your system, so I called in and Savannah again answered and in talking back and forth, I emailed in the scanned copy of my Proof of service that I thought was uploaded, finding out today it was not received. Hopefully you can find a way to resolve this communication error, and allow this Petition to proceed forward. Thank you in advance for your time and consideration in this matter. Si " Thomas L Calkins II
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STATE OF MICHIGAN RE om oR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA LANSING DIRECTOR The BMIERVBE TrdER Lio. MICHIGAN TAX TRIBUNAL Petitioner(s) MTT Docket No. 24 ~& 33 & 6 75 LIT OF SANOVE Fy Respondent(s) MOTION TO SET ASIDE DEFAULT . A default was entered against me on _ 3&pr 4, 2e2y and, if applicable, the default was extended on £827 &i; Boss) . Good cause exists to set aside the default because: Doid Net pec’ AnY BMMLS JA PECALDT TO pocke i ATH MAYS way 2) WEE IN Chg, ACLADEper AGH SERT TF m2 4 toss iT ] Tin FRIP SEP; 27 , BEE LEAD fF Ppl ETT Ar PLES) SER: Gr DID MoT Beri (ASR "Ir TY im SED Be, YL. TRUK ED W178 SAVANNA 181112 —~ Bop pe GFT Jacls Soe Epi), 2S FET 50. Grits Fond ATID AC Fy, bo CLARET BD CINE FRU DASEING TV (WWE F 25, e000 ATH] ond [PEE [§ 2 3. | ask this Tribunal to set
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TDC
Page 4
1
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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 TDC Endeavor Three LLC, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003366 City of Sandusky, Presiding Judge Respondent. Jason C. Grinnell ORDER DENYING PETITIONER’S MOTION FOR RECONSIDERATION ORDER DENYING PETITIONER’S FEE WAIVER REQUEST On November 30, 2024, Petitioner filed a motion requesting that the Tribunal reconsider the Order of Dismissal (order) entered in this case on November 26, 2024.1 In the motion, Petitioner states they have been unable to upload items to the Tribunal’s e-filing system despite support from Tribunal staff. The Tribunal has considered the motion and the case file and finds that the Tribunal entered orders on September 4, 2024, October 1, 2024, and October 30, 2024, requiring Petitioner to comply with deficiencies in the petition and default cure. Specifically, the October 30, 2024 order required Petitioner to pay the remaining $25.00 due in the case and file proof the motion to set aside default was served on Respondent as required by Tribunal rules. Petitioner did not respond to that order, resulting in the dismissal. Petitioner’s Motion for Reconsideration neither paid the additional $25.00 still owed from prior to the dismissal nor provided the requisite proof of service. Proof of service on December 2, 2024, is not sufficiently clear to establish that service included the motion, as it indicates the appeal and additional information was sent. Even if Petitioner was unable to utilize the Tribunal’s e-filing system, the fee and documentation were permitted to be sent by mail as explained in the October 1, 2024, and October 30, 2024, orders. Petitioner has not cured the default, and there is no good cause to grant the motion. Given the above, Petitioner has failed to demonstrate a palpable error relative to the order that misled the Tribunal and the parties and that would have resulted in a different disposition if the error was corrected.2 Petitioner also filed a fee waiver request on December 3, 2024. The Tribunal finds that denying the fee waiver request is appropriate because Petitioner did not state a valid reason supporting a fee waiver request.3 Therefore, 1 On December 6, 2024, the Tribunal issued a Notice of No Action because Petitioner did not submit the required motion filing fee. Petitioner submitted the motion filing fee 2 See MCR 2.119. 3 TTR 205.
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MTT Docket No. 24-003366 Page 2 of 2 IT IS ORDERED that Petitioner’s Motion for Reconsideration is DENIED. IT IS FURTHER ORDERED that Petitioner’s Fee Waiver Request is DENIED. This Order resolves all pending claims in this matter and closes this
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RECEIVED ER JAN 03 2025 LE se MICHIG ie AN TAX TRIBUNAL STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR TOC ENDEAV=R. THREE, LLC. Petitioner(s) v MTT Docket No, 24-426 3 2441T CATH OF SANDUSEy Request Date: 12~ 2-202 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. 0 I receive the following type(s) of public assistance because of indigence: I Food Assistance Program through the State of Michigan (known as FAP or SNAP) [J Medicaid (including Healthy Michigan, CHIP, and ESO) OJ Family Independence Program through State of Michigan (known as FIP or TANF) [J Women, Infants, and Children benefits (WIC) [J Supplemental Security Income through the federal government (SSI) [J Other means-tested public assistance 2. Olam represented by a legal services program, or | receive assistance from a law school clinic because of indigence. The name of the legal services program or law school clinic is: 3. [lam unable to pay the fees and | 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: NoT PECIEVING: LARA EMAILS. To DATE OF fo] 4 12-1-2024¢
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"DEPENDABLE CHOICES - HONEST ANSWERS" PH: 877-852-4678 - FX: 810-648-5251 << TLC | N SURANCE cE = r— E i zp ase $ 0006043757 www.tlcagencies.com FIRST-CLASS 415 W. Sanilac Road © Sandusky, MI 48471 MicHAEAN TAK TRABUN &C BN: SapnN ALY Po BOX Bol 572 Gil al, OTTAWA ST LANSING, MI 48935 Dept of Treasury Received JAN 0 2 2025 Mail Lansing Mich
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RECEIVED DEC 8 0 2024 MICHIGAN TAX TRIBUNAL STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON |. BROWN, DPA GOVERNOR DIRECTOR LANSING TDC Endeavor Three LLC, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003366 City Of Sandusky, 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. If you want the Tribunal to take action on the Motion, you are required to pay the $25.00 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. You must include a copy of this Notice with the required submission. Entered: December 6, 2024 By: Tribunal Clerk
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MTT Docket No. 24-003366 Page 2 of 6 PROOF OF SERVICE | 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 DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON 1. BROWN, DPA GOVERNOR LANSING N 1 BROW TR 2 ENDER AC hai” bee MICHIGAN TAX TRIBUNAL Petitioner(s) Y MTT Docket No. 2% -2@ 33&& 77 Cy oF Sano © sth, Respondent(s) PROOF OF SERVICE Fotos RS L. Eph st VS TF gatesthaton /2-2e-2P2 one [Name of person serving/mailing petition] [date of service] served a copy of the $25 00 coteck. relative to the above-captioned matter upon: [Provide name and address of the party/people being served] =e 4 OF SAAN vsly BTTHN 2 VAR LENA 2 180 DLLEL, ZL WwW. SPEAKER 57] SANOUSLy ml E477 FMbri-, FA SSESSol. RB 22 SAO Sly. Ceraity AERFL 27 RLY DIVER @ ME Savouvs bey, COA, Renn 3A] MBAs 7 [Signature of person who is serving/mailing copy] Tish L.. Cat dA) = F= rEmpes 2. [Print/type name of person serving/mailing copy] ~~ 72<3
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187 dil Ln (© CHECKS UNLIMITED™ © CLASSIC GREEN © TO REORDER: 1-800-667-2439 © www.ChecksUnlimited.com
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AGENCY INC. £2 TLCINSURANCE "DEPENDABLE CHOICES - HONEST ANSWERS" . PH: 877-852-4678 - FX: 810-648-5251 www.tlcagencies.com TDC EN DEANE A+ RES LLC I 415 W. Sanilac Road * Sandusky, MI 48471 i | it US POSTAGE" £05 2am (=r £ Bigpaits zrs § 0006043757 D MiCHIGAR TIRE TAS UN AC Liv W. OTTAWA ST Yo Box ZozSZ— LARS ING NAN WZ oH EEE TTEEEE Profle ebyngf fot ibi
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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 TDC Endeavor Three LLC, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003366 City Of Sandusky, 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. If you want the Tribunal to take action on the Motion, you are required to pay the $25.00 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. You must include a copy of this Notice with the required submission. Entered: December 6, 2024 By: Tribunal Clerk
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MTT Docket No. 24-003366 Page 2 of 6 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 TDC Endeavor Three LLC, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003366 City Of Sandusky, 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. If you want the Tribunal to take action on the Motion, you are required to pay the $25.00 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. You must include a copy of this Notice with the required
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MTT
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STATE
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TDC Endeavor Three, LLC PHONE (810)404-4777 7101 Custer Road, Port Sanilac, MI 48469 thumb65@gmail.com November 27, 2024 RECEIVED DEC 02 2024 Michigan Tax Tribunal PO Box 30232 Lansing, MI 48909 MICHIGAN TAX TRIBUNAL To Whom it may concern in regards to docket number 24-003366TT I had correspondence with Erica saying to upload my documents, yet upon going to your site, it is in diposal and cannot upload. On 10/1/2024 1 spoke to Savanah at length and she was very helpful in getting me back on track after Not receiving notifications via email in regards to my docket - We verified email was correct in your system - She told me the forms needed (Motion to be set aside & Proof of Service) verified and printed, helped me with what should be included in motion to set aside, including asking for the Waiver of the $25 payment due to not receiving correspondeance. - She showed me where I was in default of payment - Walked me thru the process of uploading a document 1 did all that was required per Savannah to get back on track, completed the Motion to set aside default, the Extra payment required, the email to city of Sandusky accessor, then after all completed, I uploaded first the Motion to set aside default, then the Proof of service, asking for Waiver of the motion fee. To date, I have not received one correspondence from LARA in regards to this petition, until yesterday, which I got today cause I'm still required to drive wife (next 6 months UBER on demand) to doctors appt due to her accident in Sept. We had 2 yesterday. Upon notice I immediately replied to email from Katie C, then Erica and I emailed back and forth, I cannot see anything on your system, so I called in and Savannah again answered and in talking back and forth, I emailed in the scanned copy of my Proof of service that I thought was uploaded, finding out today it was not received. Hopefully you can find a way to resolve this communication error, and allow this Petition to proceed forward. Thank you in advance for your time and consideration in this matter. Si " Thomas L Calkins II
Page 2
STATE OF MICHIGAN RE om oR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA LANSING DIRECTOR The BMIERVBE TrdER Lio. MICHIGAN TAX TRIBUNAL Petitioner(s) MTT Docket No. 24 ~& 33 & 6 75 LIT OF SANOVE Fy Respondent(s) MOTION TO SET ASIDE DEFAULT . A default was entered against me on _ 3&pr 4, 2e2y and, if applicable, the default was extended on £827 &i; Boss) . Good cause exists to set aside the default because: Doid Net pec’ AnY BMMLS JA PECALDT TO pocke i ATH MAYS way 2) WEE IN Chg, ACLADEper AGH SERT TF m2 4 toss iT ] Tin FRIP SEP; 27 , BEE LEAD fF Ppl ETT Ar PLES) SER: Gr DID MoT Beri (ASR "Ir TY im SED Be, YL. TRUK ED W178 SAVANNA 181112 —~ Bop pe GFT Jacls Soe Epi), 2S FET 50. Grits Fond ATID AC Fy, bo CLARET BD CINE FRU DASEING TV (WWE F 25, e000 ATH] ond [PEE [§ 2 3. | ask this Tribunal to set
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TDC
Page 4
1
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STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR TDC ENDEAVE THEE, LY MICHIGAN TAX TRIBUNAL Petitioner(s) v MTT Docket No. 2% ~¢#<# 3 3&7 city oF SA4NOUS Ey Respondent(s) PROOF OF SERVICE THOMAS |. LAEIVS TE states that on he/she [Name of person serving/mailing petition] [date of service] served a copy of the Pop Thi Appase ¥ ML relative to the above-captioned matter upon: [Provide name and address of the party/people being served] CITY OF SANOUSEy ATT: MATUEN A 2 Py pA. 2 Ww. 3 PEAKE 57 SANDUSky M1 1547) EMAIL: M FEDER CMISANDUESL yy, tony Neer Qos, vioripce [Signature of person who is serving/mailing copy] Tomas iL, CACEINS TE MEW22n
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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 TDC Endeavor Three LLC, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003366 City of Sandusky, Presiding Judge Respondent. Patricia L. Halm ORDER DENYING PETITIONER’S MOTION TO SET ASIDE DEFAULT ORDER OF DISMISSAL The Tribunal has considered the file in this case and finds that Petitioner was placed in default on September 4, 2024, because Petitioner did not file a petition or pay the petition filing fee. Petitioner did not respond, and on October 1, 2024, the Tribunal extended the time for the Tribunal to cure the default. On October 1, 2024, Petitioner filed a motion to set aside default and paid the motion fee. However, Petitioner did not file a petition, pay the petition filing fee, or file proof of service of the motion. On October 30, 2024, the Tribunal extended the time for Petitioner to cure the default by an additional 14 days and they have failed to respond. Petitioner has not complied with multiple orders, and the latter stated that “failure to comply with this Order shall result in the dismissal of the case . . .” and referenced Grimm v Dep’t of Treasury.1 In Grimm, the Michigan Court of Appeals summarized factors that the Tribunal should consider before imposing the sanction of dismissal. Those factors are: (1) whether the violation was wilful or accidental; (2) the party's history of refusing to comply with previous court orders; (3) the prejudice to the opposing party; (4) whether there exists a history of deliberate delay; (5) the degree of compliance with other parts of the court's orders; (6) attempts to cure the defect; and (7) whether a lesser sanction would better serve the interests of justice.2 Here, Petitioner’s failure to comply with multiple orders has established a history of deliberate delay. As a result, giving careful consideration to the factors involved and considering all options in determining what sanction is just and proper, the Tribunal finds that dismissal is appropriate, and a lesser sanction would not be appropriate in light of Petitioner’s history of noncompliance in this case. Therefore, IT IS ORDERED that Petitioner’s Motion to Set Aside Default is DENIED. 1 Grimm v Dep’t of Treasury, 291 Mich App 140 (2010). 2 Id. at 149.
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MTT Docket No. 24-003366 Page 2 of 2 IT IS FURTHER ORDERED that this case is DISMISSED. This Order resolves all pending claims in this matter and closes this case. APPEAL RIGHTS If you disagree with the final decision in this case, you may file a motion for reconsideration with the Tribunal or a claim of appeal with the Michigan Court of Appeals. A motion for
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MICHIGAN TAX TRIBUNAL
MARLON
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AGENCY INC. TLCINSURANCE "DEPENDABLE CHOICES - HONEST ANSWERS" 4 PH: 877-852-4678 - FX: 810-648-5251 www licagercies.com 415 W. Sanilac Road © Sandusky, MI 48471 % Tomas L.CAK/MNS METROPLEX Mi 480 1 OCT 2024 Pi Paige (ges—— Ee BE rn $000 0006043757 FIRST-C Mick pn TAK TRIBUNAL 6ll Ww OTTAWA ST. LANSING, M1 A733 AEAFE-1070L 1 | EE ETT LYE LE TR PPL TUT AVR LF RE TH BE
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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 TDC Endeavor Three LLC, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003366 City of Sandusky, Presiding Judge Respondent. Patricia L. Halm ORDER DENYING PETITIONER’S MOTION TO SET ASIDE DEFAULT ORDER OF DISMISSAL The Tribunal has considered the file in this case and finds that Petitioner was placed in default on September 4, 2024, because Petitioner did not file a petition or pay the petition filing fee. Petitioner did not respond, and on October 1, 2024, the Tribunal extended the time for the Tribunal to cure the default. On October 1, 2024, Petitioner filed a motion to set aside default and paid the motion fee. However, Petitioner did not file a petition, pay the petition filing fee, or file proof of service of the motion. On October 30, 2024, the Tribunal extended the time for Petitioner to cure the default by an additional 14 days and they have failed to respond. Petitioner has not complied with multiple orders, and the latter stated that “failure to comply with this Order shall result in the dismissal of the case . . .” and referenced Grimm v Dep’t of Treasury.1 In Grimm, the Michigan Court of Appeals summarized factors that the Tribunal should consider before imposing the sanction of dismissal. Those factors are: (1) whether the violation was wilful or accidental; (2) the party's history of refusing to comply with previous court orders; (3) the prejudice to the opposing party; (4) whether there exists a history of deliberate delay; (5) the degree of compliance with other parts of the court's orders; (6) attempts to cure the defect; and (7) whether a lesser sanction would better serve the interests of justice.2 Here, Petitioner’s failure to comply with multiple orders has established a history of deliberate delay. As a result, giving careful consideration to the factors involved and considering all options in determining what sanction is just and proper, the Tribunal finds that dismissal is appropriate, and a lesser sanction would not be appropriate in light of Petitioner’s history of noncompliance in this case. Therefore, IT IS ORDERED that Petitioner’s Motion to Set Aside Default is DENIED. 1 Grimm v Dep’t of Treasury, 291 Mich App 140 (2010). 2 Id. at 149.
Page 2
MTT Docket No. 24-003366 Page 2 of 2 IT IS FURTHER ORDERED that this case is DISMISSED. This Order resolves all pending claims in this matter and closes this case. APPEAL RIGHTS If you disagree with the final decision in this case, you may file a motion for reconsideration with the Tribunal or a claim of appeal with the Michigan Court of Appeals. A motion for
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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 TDC Endeavor Three LLC, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003366 City of Sandusky, Presiding Judge Respondent. Patricia L. Halm ORDER HOLDING PETITIONER’S MOTION TO SET ASIDE DEFAULT IN ABEYANCE ORDER EXTENDING THE TIME FOR PETITIONER TO CURE DEFAULT On October 1, 2024, Petitioner filed a motion requesting that the Tribunal set aside the default entered on September 4, 2024. Respondent has not filed a response to the motion. The Tribunal has considered the motion and the case file and finds that Petitioner was held in default because it did not pay the full required petition filing fee.1 Petitioner failed to cure the default and the Tribunal entered an order extending the time to cure on October 1, 2024. Though Petitioner timely responded and filed a motion to set the default aside, they failed to pay the filing fee for the motion and file proof evidencing service of the motion on Respondent. While Petitioner requests the motion filing fee be waived, they have not submitted a Fee Waiver Request Form. As a result, Petitioner’s attempt to cure the default is incomplete. While the Tribunal finds one final extension of time to cure the default appropriate, Petitioner’s failure to comply with Tribunal orders and its Rules of Practice and Procedure has established a history of deliberate delay that would justify dismissal of the case for failure to timely comply with this Order.2 Therefore, IT IS ORDERED that Petitioner Motion to Set Aside Default is held in ABEYANCE. IT IS FURTHER ORDERED that the time for Petitioner to cure the default is EXTENDED. IT IS FURTHER ORDERED that Petitioner must complete the following to cure their default: pay the $25.00 motion filing fee and file proof of service of the motion on Respondent. The foregoing must be filed with the Tribunal within 14 days of the entry of 1 The Order further stated, “Failure to comply with this Order will result in the defaulted party being required to file a motion to set aside the default (with appropriate filing fee).” 2 See Grimm v Dep’t of Treasury, 291 Mich App 140 (2010).
Page 2
MTT Docket No. 24-003366 Page 2 of 2 this Order.3 Failure to comply with this Order shall result in dismissal of the case or the scheduling of a default hearing, as provided by TTR 231.4 Entered: October 30, 2024 By _____________________________ ssm 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
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Page 1
RECEIVED
=
0CT 077 2024
MICHIGAN TAX TRIBUNAL
MARLON
|. BROWN, DPA
STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
GOVERNOR
LANSING
DIRECTOR
TDC ENDEAVOR 7HAEE Lic.
MICHIGAN TAX TRIBUNAL
Petitioner(s)
33éCr
MTT Docket
No. 24 ~&e
TT
]
7
10/03/24
i
LJ TY OF SANDUS Ey
|
Respondent(s)
MOTION TO SET ASIDE DEFAULT
and, if applicable, the default
A default was entered against me on _ SEPT 4, zozy
was extended on __ BT i) zor,
2.
Good cause exists to set aside the default because:
Doi Not 28’ ANY EMAILS JA PEGALDS To pocker PAO MAYS wz
Z) WIFE IN CAg, AceiDENTr
MON SEPT
XX —2024
yA
Hosp ive
Tie
FRIP SEPT 27, 202Y, LOOKED
Up Docker Ar o:¥5)0M| SETEY
2
GY DID Por Ger INR "UN TI SEPT 30, 224.
EET JM AYE SOLE EAA
RRND
TALKED
1Wi7H SAVANNA
10/1 {24 —
He
=
1S SET —Up, d-oiN& Bis enc AL
Fons
:
ECR GVINE
DASIEING TO WAVE F2s.
0 METI on FEES,
=
3.
| ask this Tribunal to set aside the default) ATTacd@D I> WED.c0 Torr 223
3“Puals
Qoaaror
bh Cntr
Party/Representative (sign here)
THOMAS
fo. CALEINS
IT,
MEMISL
[Print/type name of person signing]
| certify that on this date
| served a copy of this Motion, and any additional documentation, on the
opposing party or their representative.Page 2
AGENCY INC. TLCINSURANCE "DEPENDABLE CHOICES - HONEST ANSWERS" 4 PH: 877-852-4678 - FX: 810-648-5251 www licagercies.com 415 W. Sanilac Road © Sandusky, MI 48471 % Tomas L.CAK/MNS METROPLEX Mi 480 1 OCT 2024 Pi Paige (ges—— Ee BE rn $000 0006043757 FIRST-C Mick pn TAK TRIBUNAL 6ll Ww OTTAWA ST. LANSING, M1 A733 AEAFE-1070L 1 | EE ETT LYE LE TR PPL TUT AVR LF RE TH BE
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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 TDC Endeavor Three LLC, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003366 City of Sandusky, Presiding Judge Respondent. Patricia L. Halm ORDER HOLDING PETITIONER’S MOTION TO SET ASIDE DEFAULT IN ABEYANCE ORDER EXTENDING THE TIME FOR PETITIONER TO CURE DEFAULT On October 1, 2024, Petitioner filed a motion requesting that the Tribunal set aside the default entered on September 4, 2024. Respondent has not filed a response to the motion. The Tribunal has considered the motion and the case file and finds that Petitioner was held in default because it did not pay the full required petition filing fee.1 Petitioner failed to cure the default and the Tribunal entered an order extending the time to cure on October 1, 2024. Though Petitioner timely responded and filed a motion to set the default aside, they failed to pay the filing fee for the motion and file proof evidencing service of the motion on Respondent. While Petitioner requests the motion filing fee be waived, they have not submitted a Fee Waiver Request Form. As a result, Petitioner’s attempt to cure the default is incomplete. While the Tribunal finds one final extension of time to cure the default appropriate, Petitioner’s failure to comply with Tribunal orders and its Rules of Practice and Procedure has established a history of deliberate delay that would justify dismissal of the case for failure to timely comply with this Order.2 Therefore, IT IS ORDERED that Petitioner Motion to Set Aside Default is held in ABEYANCE. IT IS FURTHER ORDERED that the time for Petitioner to cure the default is EXTENDED. IT IS FURTHER ORDERED that Petitioner must complete the following to cure their default: pay the $25.00 motion filing fee and file proof of service of the motion on Respondent. The foregoing must be filed with the Tribunal within 14 days of the entry of 1 The Order further stated, “Failure to comply with this Order will result in the defaulted party being required to file a motion to set aside the default (with appropriate filing fee).” 2 See Grimm v Dep’t of Treasury, 291 Mich App 140 (2010).
Page 2
MTT Docket No. 24-003366 Page 2 of 2 this Order.3 Failure to comply with this Order shall result in dismissal of the case or the scheduling of a default hearing, as provided by TTR 231.4 Entered: October 30, 2024 By _____________________________ ssm 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
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Read document text excerpt
Page 1
RECEIVED
=
0CT 077 2024
MICHIGAN TAX TRIBUNAL
MARLON
|. BROWN, DPA
STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
GOVERNOR
LANSING
DIRECTOR
TDC ENDEAVOR 7HAEE Lic.
MICHIGAN TAX TRIBUNAL
Petitioner(s)
33éCr
MTT Docket
No. 24 ~&e
TT
]
7
10/03/24
i
LJ TY OF SANDUS Ey
|
Respondent(s)
MOTION TO SET ASIDE DEFAULT
and, if applicable, the default
A default was entered against me on _ SEPT 4, zozy
was extended on __ BT i) zor,
2.
Good cause exists to set aside the default because:
Doi Not 28’ ANY EMAILS JA PEGALDS To pocker PAO MAYS wz
Z) WIFE IN CAg, AceiDENTr
MON SEPT
XX —2024
yA
Hosp ive
Tie
FRIP SEPT 27, 202Y, LOOKED
Up Docker Ar o:¥5)0M| SETEY
2
GY DID Por Ger INR "UN TI SEPT 30, 224.
EET JM AYE SOLE EAA
RRND
TALKED
1Wi7H SAVANNA
10/1 {24 —
He
=
1S SET —Up, d-oiN& Bis enc AL
Fons
:
ECR GVINE
DASIEING TO WAVE F2s.
0 METI on FEES,
=
3.
| ask this Tribunal to set aside the default) ATTacd@D I> WED.c0 Torr 223
3“Puals
Qoaaror
bh Cntr
Party/Representative (sign here)
THOMAS
fo. CALEINS
IT,
MEMISL
[Print/type name of person signing]
| certify that on this date
| served a copy of this Motion, and any additional documentation, on the
opposing party or their representative.Page 2
AGENCY INC. TLCINSURANCE "DEPENDABLE CHOICES - HONEST ANSWERS" 4 PH: 877-852-4678 - FX: 810-648-5251 www licagercies.com 415 W. Sanilac Road © Sandusky, MI 48471 % Tomas L.CAK/MNS METROPLEX Mi 480 1 OCT 2024 Pi Paige (ges—— Ee BE rn $000 0006043757 FIRST-C Mick pn TAK TRIBUNAL 6ll Ww OTTAWA ST. LANSING, M1 A733 AEAFE-1070L 1 | EE ETT LYE LE TR PPL TUT AVR LF RE TH BE
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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 TDC Endeavor Three LLC, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003366 City Of Sandusky, Respondent. ORDER EXTENDING TIME TO CURE DEFAULT The Tribunal has reviewed the file in the above-captioned case and finds that an Order was entered holding a party in default and the defaulted party has failed to timely cure that default. However, no history of deliberate delay had been established prior to that party being held in default. As such, the defaulted party should be given another opportunity to cure the default, as provided by Grimm v Treasury.1 Therefore, IT IS ORDERED that Petitioner shall cure the default as required by the Order holding that party in default and file a Motion to Set Aside Default, with the appropriate filing fee, and proof demonstrating service of the Motion on the opposing party, within 14 days of the entry of this Order. 2 Failure to cure the default, as required by this Order, will result in the dismissal of the case, if Petitioner was held in default, or the conducting of a default hearing, if Respondent was held in default.3 By:_____________ ________________________ Patricia L. Halm, Tribunal Chair Entered: October 1, 2024 1 Grimm v Treasury, 291 Mich App 140 (2010). 2 “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). 3 See TTR 231.
Page 2
MTT Docket No. 24-003366 Page 2 of 4 PROOF OF SERVICE I certify that a copy of the foregoing was sent on the entry date indicated above to the parties or their attorneys or authorized representatives, if any, utilizing either the mailing or email addresses on file, as provide by those parties, attorneys, or authorized representatives. By:
Page 3
STA
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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 TDC Endeavor Three LLC, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003366 City Of Sandusky, Respondent. ORDER OF DEFAULT The Tribunal has reviewed the file in the above-captioned case and finds that: Petitioner filed an appeal letter and paid a partial filing fee. See TTR 267. Petitioner is required to file a petition and pay the full required filing fee to initiate an appeal with the Tribunal. See TTR 261 and 219. Because a petition with the full required filing fee was not filed, the appeal is not properly pending. Petitioner must file a petition with the additional fee amount required for the filing of the petition within 14 days of the entry of this Order. The petition shall note the docket number assigned by the Tribunal. Small Claims petition forms 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 is HELD IN DEFAULT. IT IS FURTHER ORDERED that the defaulted party shall cure the default, as indicated above, within 14 days of the entry of this Order.i Failure to comply with this Order will result in the defaulted party being required to file a motion to set aside the default (with appropriate filing fee). By:_______________________________ Entered: September 4, 2024 Patricia L. Halm, Tribunal Chair
Page 2
MTT Docket No. 24-003366 Page 2 of 2 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
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Jes ¥ TranTnfo:4606 D5T39965-1 06/78/24 Fr Chit: 155 Ant: $250.00 Caman 1D: TOC ENDEAVOR THREE LLC 0 = STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR DIRECTOR PROPERTY TAX APPEAL PETITION FORM VALUATION / EXEMPTION / CLASSIFICATION APPEAL Do not use this form to appeal Principal Residence Exemption, Qualified Agricultural Exemption, Special Assessment, or Non-Property tax disputes. Pursuant to Michigan Tax Tribunal Rule (TTR) 277(3), you MUST submit a copy of the notice giving rise to the appeal (e.g. Board of Review Decision or Notice of Uncapping) with this Small Claims Petition, if applicable. If you do not submit this document, you may be held in default. Section 1: Petitioner’s Contact Information First Name M.1L Last Name/Company Name Thomas L Calkins Il / TDC BRDIEAVOA THREE, Lic. Mailing Address (No., Street, P.O. Box or Rural Route) 7101 Custer Road City or Town State ZIP Code Port Sanilac MI 48469 Telephone Number Fax Number 810-404-4777 E-mall Address (do not enter unless you want MTT to send all correspondence via e-mail) thumb65@gmail.com Section 2: Petitioner’s Attorney/Authorized Representative’s Contact Information First Name M1. 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-mail Addrega (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?
Page 2
STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON |. BROWN, DPA
GOVERNOR
DIRECTOR
Section 4: Issues Being Appealed (chock ati that apply)
ree Cash and Taxable Value
[1 Poverty Exemption
{1 Taxable Value Only (calculation)
[O pisabled Veterans Exemption
{TJ uncapping of Taxable Value
[J Eligible Manufacturing Personal Property (ESA)
[J Exemption from Taxation (other than the denial of a
[J Ctassification
Principal Residence or Qualified Agricultural Exemption)
Section 5: Explain the Reason for this Appeal
Property is 1 building divided into 2 buildings, along with 2 parcels have been for Sale for over
3 years with Red Carpet Keim.
Buildings have been vacant since Covid in 2020.
The listing started at $199,000 then lowered to $189,999 after 6mos, then after another year
lowered to $179,999. Then again lowered to $159,999, then to $149,999 in October of 2023,
|
offered to buy for $130,000 in December of 2023, the owner countered at $140,000, we settled
on $135,000, Fis AUL- 3 PARLELS,
BANIS APRRHAS
ri [=
Al 3 PRopees.
Ive sold out $5000 worth of fixtures in one building, $3000 in the south building.
Accessor uncapped and valued @ $98900 along with $8800 and $9900 for a total of
$115,700
/ $231,400 taxable value,
| feel this is unfair since
| purchase for $135,000 less
$8000Page 3
ST
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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 TDC Endeavor Three LLC, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003366 City Of Sandusky, Respondent. NOTICE OF DOCKET NUMBER TAKE NOTICE that a Small Claims petition has been filed and the above-noted docket number has been assigned to that petition. The assignment of the docket number does not mean that the Tribunal has authority over the petition or that the petition complies with the Tribunal’s rules. The docket number needs to be included on all documents submitted in this case. Respondent shall file an answer to the petition within 28 days of the issuance of a copy of this Notice to Respondent. Tribunal answer forms are available on our website at www.michigan.gov/taxtrib. Respondents must utilize the appropriate answer form. Failure to file the answer within the 28-day time frame may result in the placement of Respondent in default, as provided by TTR 279. Further, an electronic copy of the petition can be reviewed by utilizing the Docket Lookup Search on the Tribunal’s website. By: __Tribunal Clerk_____ Entered: September 4, 2024 PROOF OF SERVICE I certify that a copy of the foregoing was sent on the entry date indicated above to the parties or their attorneys or authorized representatives, if any, utilizing either the mailing or email addresses on file, as provide by those parties, attorneys, or authorized representatives. By: Tribunal Clerk
Page 2
STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR MICHIGAN TAX TRIBUNAL · 611 W. OTTAWA ST., LANSING, MI 48933 · 517-335-9760 PO BOX 30232, LANSING, MI 48909 · Other Carriers: 2407 N. GRAND RIVER AVE., LANSING, MI 48906 TDC Endeavor Three LLC, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003366 City Of Sandusky, 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
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Jes ¥ TranTnfo:4606 D5T39965-1 06/78/24 Fr Chit: 155 Ant: $250.00 Caman 1D: TOC ENDEAVOR THREE LLC 0 = STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR DIRECTOR PROPERTY TAX APPEAL PETITION FORM VALUATION / EXEMPTION / CLASSIFICATION APPEAL Do not use this form to appeal Principal Residence Exemption, Qualified Agricultural Exemption, Special Assessment, or Non-Property tax disputes. Pursuant to Michigan Tax Tribunal Rule (TTR) 277(3), you MUST submit a copy of the notice giving rise to the appeal (e.g. Board of Review Decision or Notice of Uncapping) with this Small Claims Petition, if applicable. If you do not submit this document, you may be held in default. Section 1: Petitioner’s Contact Information First Name M.1L Last Name/Company Name Thomas L Calkins Il / TDC BRDIEAVOA THREE, Lic. Mailing Address (No., Street, P.O. Box or Rural Route) 7101 Custer Road City or Town State ZIP Code Port Sanilac MI 48469 Telephone Number Fax Number 810-404-4777 E-mall Address (do not enter unless you want MTT to send all correspondence via e-mail) thumb65@gmail.com Section 2: Petitioner’s Attorney/Authorized Representative’s Contact Information First Name M1. 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-mail Addrega (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?
Page 2
STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON |. BROWN, DPA
GOVERNOR
DIRECTOR
Section 4: Issues Being Appealed (chock ati that apply)
ree Cash and Taxable Value
[1 Poverty Exemption
{1 Taxable Value Only (calculation)
[O pisabled Veterans Exemption
{TJ uncapping of Taxable Value
[J Eligible Manufacturing Personal Property (ESA)
[J Exemption from Taxation (other than the denial of a
[J Ctassification
Principal Residence or Qualified Agricultural Exemption)
Section 5: Explain the Reason for this Appeal
Property is 1 building divided into 2 buildings, along with 2 parcels have been for Sale for over
3 years with Red Carpet Keim.
Buildings have been vacant since Covid in 2020.
The listing started at $199,000 then lowered to $189,999 after 6mos, then after another year
lowered to $179,999. Then again lowered to $159,999, then to $149,999 in October of 2023,
|
offered to buy for $130,000 in December of 2023, the owner countered at $140,000, we settled
on $135,000, Fis AUL- 3 PARLELS,
BANIS APRRHAS
ri [=
Al 3 PRopees.
Ive sold out $5000 worth of fixtures in one building, $3000 in the south building.
Accessor uncapped and valued @ $98900 along with $8800 and $9900 for a total of
$115,700
/ $231,400 taxable value,
| feel this is unfair since
| purchase for $135,000 less
$8000Page 3
ST
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.