Yolanda Russell, Petitioner V City Of Detroit, Respondent
- Petitioner
- Yolanda Russell
- Respondent
- City Of Detroit
Case overview
- Docket number
- 24-003622-TT
- Status
- Disposed
- CaseType
- SC Property
- Division
- Small Claims Division
- County
- Wayne
- Judge
- No judge assigned
Docket history
| Line # | Subject | Filer | Line Ref | Enter Date/Post Mark | Fee | Related Item |
|---|---|---|---|---|---|---|
| 8 | Order of Dismissal | Not recorded | Not recorded | 02/07/2025 | Not recorded | Download |
| 7 | Order extending default | Not recorded | Not recorded | 12/23/2024 | Not recorded | Download |
| 6 | Order Holding Petitioner in Default | Not recorded | Not recorded | 11/26/2024 | Not recorded | Download |
| 5 | Order Updating Docket | Not recorded | Not recorded | 11/26/2024 | Not recorded | Download |
| 4 | Granted | PET | 2 | 11/26/2024 | Not recorded | Download |
| 3 | Order granting Motion. | Not recorded | 2 | 11/26/2024 | Not recorded | Download |
| 2 | Motion to Withdraw Counsel was received. | PET | Not recorded | 10/21/2024 | $0.00 | Download |
| 1 | Order Severing from 23-002917 | Not recorded | Not recorded | 10/03/2024 | Not recorded | Download |
Documents
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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 Yolanda Russell, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003622 City of Detroit, Presiding Judge Respondent. Patricia L. Halm ORDER OF DISMISSAL The Tribunal has considered the file in this case and finds that Petitioner was placed in default on November 26, 2024, because Petitioner failed to file a petition for the 2024 tax year as ordered in the Finial Opinion and Judgement issued on MTT Docket 23- 002917 on October 3, 2024. On December 23, 2024, the Tribunal extended the time for Petitioner to cure the default by an additional 14 days and they have failed to respond. Petitioner has not complied with either order, and the latter stated that “failure to comply with this Order shall result in the dismissal of the case . . .” and referenced Grimm v Dep’t of Treasury.1 In Grimm, the Michigan Court of Appeals summarized factors that the Tribunal should consider before imposing the sanction of dismissal. Those factors are: (1) whether the violation was wilful or accidental; (2) the party's history of refusing to comply with previous court orders; (3) the prejudice to the opposing party; (4) whether there exists a history of deliberate delay; (5) the degree of compliance with other parts of the court's orders; (6) attempts to cure the defect; and (7) whether a lesser sanction would better serve the interests of justice.2 Here, Petitioner’s failure to comply with multiple orders has established a history of deliberate delay. As a result, giving careful consideration to the factors involved and considering all options in determining what sanction is just and proper, the Tribunal finds that dismissal is appropriate, and a lesser sanction would not be appropriate in light of Petitioner’s history of noncompliance in this case. Therefore, IT IS ORDERED that this case is DISMISSED. This Order resolves all pending claims in this matter and closes this case. 1 Grimm v Dep’t of Treasury, 291 Mich App 140 (2010). 2 Id. at 149.
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MTT Docket No. 24-003622 Page 2 of 2 APPEAL RIGHTS If you disagree with the final decision in this case, you may file a motion for reconsideration with the Tribunal or a claim of appeal with the Michigan Court of Appeals. A motion for reconsideration must be filed with the Tribunal with the required filing fee within 21 days from the date of entry of the final decision. Because the final decision closes the case, the motion cannot be filed through the Tribunal’s web-based e-filing system; it must be filed by mail or personal service. The fee for the filing of such motions is $50.00 in the Entire Tribunal and $25.00 in the Small Claims Division, unless the Small Claims decision relates to the valuation of property and the property had a principal residence exemption of at least 50% at the time the petition was filed or the decision relates to the grant or denial of a poverty or disabled veterans exemption and, if so, there is no filing fee. You are required to serve a copy of the motion on the opposing party by mail or personal service or by email if the opposing party agrees to electronic service, and proof demonstrating that service must be submitted with the motion. Responses to motions for reconsideration are prohibited and there are no oral arguments unless otherwise ordered by the Tribunal. Alternatively, you may file a claim of appeal with the Michigan Court of Appeals. If the claim is filed within 21 days of the entry of the final decision, it is an “appeal of right.” If the claim is filed more than 21 days after the entry of the final decision, it is an “appeal by leave.” A copy of the claim of appeal must be filed with the Tribunal to certify the record on appeal. There is no certification fee. Entered: February 7, 2025 By _____________________________ kac PROOF OF SERVICE I certify that a copy of the foregoing was sent on the entry date indicated above to the parties or their attorneys or authorized representatives, if any, utilizing either the mailing or email addresses on file, as provided by those parties, attorneys, or authorized representatives. By: Tribunal Clerk
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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 Yolanda Russell, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003622 City of Detroit, Respondent. ORDER EXTENDING TIME FOR PETITIONER TO CURE DEFAULT The Tribunal has considered the file in the above-captioned case and finds that it entered an order holding Petitioner in default on November 26, 2024.1 Petitioner was required to cure the default within 14 days. Petitioner has had ample time to comply, yet has failed to respond or submit the required filings. Though the Tribunal finds an extension of time to cure the default appropriate, Petitioner’s failure to comply with Tribunal orders and its Rules of Practice and Procedure has established a history of deliberate delay that would justify dismissal of the case for failure to timely comply with this Order.2 Therefore, IT IS ORDERED that the time for Petitioner to cure the default is EXTENDED. IT IS FURTHER ORDERED that Petitioner must complete the following to cure the default: (1) file the documentation required by the November 26, 2024default order, (2) file a Motion to Set Aside Default, and (3) file proof the Motion and a copy of the documentation were served on Respondent. The foregoing must be filed with the Tribunal within 14 days of the entry of this Order. Failure to comply with this Order may result in dismissal of the case, as provided by TTR 231.3 By:___________________________________ Patricia L. Halm, Tribunal Chair Entered: December 23, 2024 1 The Order further stated, “Failure to comply with this Order will result in the defaulted party being required to file a motion to set aside the default (with appropriate filing fee).” 2 See Grimm v Dep’t of Treasury, 291 Mich App 140 (2010). 3 See also MCL 205.732.
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MTT Docket No. 24-003622 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: 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 Yolanda Russell, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003622 City of Detroit, Respondent. ORDER EXTENDING TIME FOR PETITIONER TO CURE DEFAULT The Tribunal has considered the file in the above-captioned case and finds that it entered an order holding Petitioner in default on November 26, 2024.4 Petitioner was required to cure the default within 14 days. Petitioner has had ample time to comply, yet has failed to respond or submit the required filings. Though the Tribunal finds an extension of time to cure the default appropriate, Petitioner’s failure to comply with Tribunal orders and its Rules of Practice and Procedure has established a history of deliberate delay that would justify dismissal of the case for failure to timely comply with this Order.5 Therefore, IT IS ORDERED that the time for Petitioner to cure the default is EXTENDED. IT IS FURTHER ORDERED that Petitioner must complete the following to cure the default: (1) file the documentation required by the November 26, 2024default order, (2) file a Motion to Set Aside Default, and (3) file proof the Motion and a copy of the documentation were served on Respondent. The foregoing must be filed with the Tribunal within 14 days of the entry of this Order. Failure to comply with this Order may result in dismissal of the case, as provided by TTR 231.6 By:___________________________________ Patricia L. Halm, Tribunal Chair Entered: December 23, 2024 4 The Order further stated, “Failure to comply with this Order will result in the defaulted party being required to file a motion to set aside the default (with appropriate filing fee).” 5 See Grimm v Dep’t of Treasury, 291 Mich App 140 (2010). 6 See also MCL 205.732.
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MTT Docket No. 24-003622 Page 4 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: 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 Yolanda Russell, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003622 City of Detroit, Presiding Judge Respondent. Patricia L. Halm ORDER GRANTING NEIGHBORHOOD LAW CLINIC’S MOTION TO WITHDRAW AS REPRESENTATIVE ORDER UPDATING DOCKET ORDER HOLDING PETITIONER IN DEFAULT On October 21, 2024, Neighborhood Law Clinic filed a motion requesting that the Tribunal permit them to withdraw as representative of Petitioner in the above-captioned case. Neither Petitioner nor Respondent has filed a response to the motion. The Tribunal has considered the motion and the case file and finds that “an attorney or authorized representative may withdraw from a contested case or be substituted for by stipulation or order of the tribunal.”1 In this case, given the severed nature of this tax year, the Tribunal finds there is good cause to grant Neighborhood Law Clinic’s motion. The Tribunal further finds that it severed this docket from docket number 23-002917 on October 3, 2024. The order severing this case required Petitioner to file a petition pertaining to the 2024 tax year within 21 days of entry of the order. Petitioner failed to respond or submit a petition. Though the Tribunal finds an extension of time to file the petition is appropriate under TTR 231(1), Petitioner shall be placed in default. Additionally, 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 the dismissal of this case for failure to timely comply with this order.2 Therefore, IT IS ORDERED that Neighborhood Law Clinic’s Motion to Withdraw as Representative is GRANTED. 1 TTR 223(4). 2 See Grimm v Dep’t of Treasury, 291 Mich App 140 (2010).
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MTT Docket No. 24-003622 Page 2 of 2 IT IS FURTHER ORDERED that the docket shall be updated to reflect Petitioner’s contact information as: Yolanda Russell, 16870 Rockdale St., Detroit, MI 48219; yrussell2010@gmail.com. IT IS FURTHER ORDERED that Petitioner is held in DEFAULT. IT IS FURTHER ORDERED that Petitioner must file a petition pertaining to the 2024 tax year within 21 days of entry of this Order. The petition shall note the docket number assigned by the Tribunal for the 2024 tax year and if filed utilizing the Tribunal’s e-filing system, must be filed on the assigned 2024 docket number as a “Severed Petition.” Failure to comply with this Order will result in the dismissal of this case.3 Entered: November 26, 2024 By _____________________________ bw PROOF OF SERVICE I certify that a copy of the foregoing was sent on the entry date indicated above to the parties or their attorneys or authorized representatives, if any, utilizing either the mailing or email addresses on file, as provide by those parties, attorneys, or authorized representatives. By: Tribunal Clerk 3 TTR 231(1). See also MCL 205.732.
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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 Yolanda Russell, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003622 City of Detroit, Presiding Judge Respondent. Patricia L. Halm ORDER GRANTING NEIGHBORHOOD LAW CLINIC’S MOTION TO WITHDRAW AS REPRESENTATIVE ORDER UPDATING DOCKET ORDER HOLDING PETITIONER IN DEFAULT On October 21, 2024, Neighborhood Law Clinic filed a motion requesting that the Tribunal permit them to withdraw as representative of Petitioner in the above-captioned case. Neither Petitioner nor Respondent has filed a response to the motion. The Tribunal has considered the motion and the case file and finds that “an attorney or authorized representative may withdraw from a contested case or be substituted for by stipulation or order of the tribunal.”1 In this case, given the severed nature of this tax year, the Tribunal finds there is good cause to grant Neighborhood Law Clinic’s motion. The Tribunal further finds that it severed this docket from docket number 23-002917 on October 3, 2024. The order severing this case required Petitioner to file a petition pertaining to the 2024 tax year within 21 days of entry of the order. Petitioner failed to respond or submit a petition. Though the Tribunal finds an extension of time to file the petition is appropriate under TTR 231(1), Petitioner shall be placed in default. Additionally, 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 the dismissal of this case for failure to timely comply with this order.2 Therefore, IT IS ORDERED that Neighborhood Law Clinic’s Motion to Withdraw as Representative is GRANTED. 1 TTR 223(4). 2 See Grimm v Dep’t of Treasury, 291 Mich App 140 (2010).
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MTT Docket No. 24-003622 Page 2 of 2 IT IS FURTHER ORDERED that the docket shall be updated to reflect Petitioner’s contact information as: Yolanda Russell, 16870 Rockdale St., Detroit, MI 48219; yrussell2010@gmail.com. IT IS FURTHER ORDERED that Petitioner is held in DEFAULT. IT IS FURTHER ORDERED that Petitioner must file a petition pertaining to the 2024 tax year within 21 days of entry of this Order. The petition shall note the docket number assigned by the Tribunal for the 2024 tax year and if filed utilizing the Tribunal’s e-filing system, must be filed on the assigned 2024 docket number as a “Severed Petition.” Failure to comply with this Order will result in the dismissal of this case.3 Entered: November 26, 2024 By _____________________________ bw PROOF OF SERVICE I certify that a copy of the foregoing was sent on the entry date indicated above to the parties or their attorneys or authorized representatives, if any, utilizing either the mailing or email addresses on file, as provide by those parties, attorneys, or authorized representatives. By: Tribunal Clerk 3 TTR 231(1). See also MCL 205.732.
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STATE OF MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MICHIGAN TAX TRIBUNAL _____________________________________________________________________________ YOLANDA RUSSELL, Petitioner, v. MOAHR Docket No. 24-003622 CITY OF DETROIT, Respondent. MOTION TO WITHDRAW AS REPRESENTATIVE To: City of Detroit Office of the Assessor c/o Isaac Degraffenreid 2 Woodward Ave. Ste. 804 Detroit, MI 48226 degraffenreidi@detroitmi.gov 1. Please take notice that the Neighborhood Law Clinic moves the Tribunal for permission to withdraw as authorized representative for Petitioner Yolanda Russell in the above-captioned case, pursuant to Tax Tribunal Rule 223(4). 2. Pursuant to Tax Tribunal Rule 223(4): a. We were retained to represent Petitioner Yolanda Russell only for her tax year 2023 appeal to the Michigan Tax Tribunal, MOAHR Docket No. 23-002917. b. We have completed all services we agreed to provide our former client. c. Our former client’s contact information is: Yolanda Russell 16870 Rockdale Detroit, MI 48219 yrussell2010@gmail.com (313) 215-6850 Respectfully submitted this 21st day of October, 2024.
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Electronically signed by Tessa M. Henson Tessa Henson Neighborhood Law Clinic 975 Bascom Mall Madison, WI 53706 tmhenson@wisc.edu (608)265-2441 I certify that on this date I served a copy of this motion, and any additional documentation, on all parties, including our former client and the opposing party or their representative. October 21, 2024 Electronically signed by Tessa Henson Date Tessa Henson
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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 Yolanda Russell, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003622 City of Detroit, Presiding Judge Respondent. Patricia L. Halm ORDER GRANTING NEIGHBORHOOD LAW CLINIC’S MOTION TO WITHDRAW AS REPRESENTATIVE ORDER UPDATING DOCKET ORDER HOLDING PETITIONER IN DEFAULT On October 21, 2024, Neighborhood Law Clinic filed a motion requesting that the Tribunal permit them to withdraw as representative of Petitioner in the above-captioned case. Neither Petitioner nor Respondent has filed a response to the motion. The Tribunal has considered the motion and the case file and finds that “an attorney or authorized representative may withdraw from a contested case or be substituted for by stipulation or order of the tribunal.”1 In this case, given the severed nature of this tax year, the Tribunal finds there is good cause to grant Neighborhood Law Clinic’s motion. The Tribunal further finds that it severed this docket from docket number 23-002917 on October 3, 2024. The order severing this case required Petitioner to file a petition pertaining to the 2024 tax year within 21 days of entry of the order. Petitioner failed to respond or submit a petition. Though the Tribunal finds an extension of time to file the petition is appropriate under TTR 231(1), Petitioner shall be placed in default. Additionally, 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 the dismissal of this case for failure to timely comply with this order.2 Therefore, IT IS ORDERED that Neighborhood Law Clinic’s Motion to Withdraw as Representative is GRANTED. 1 TTR 223(4). 2 See Grimm v Dep’t of Treasury, 291 Mich App 140 (2010).
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MTT Docket No. 24-003622 Page 2 of 2 IT IS FURTHER ORDERED that the docket shall be updated to reflect Petitioner’s contact information as: Yolanda Russell, 16870 Rockdale St., Detroit, MI 48219; yrussell2010@gmail.com. IT IS FURTHER ORDERED that Petitioner is held in DEFAULT. IT IS FURTHER ORDERED that Petitioner must file a petition pertaining to the 2024 tax year within 21 days of entry of this Order. The petition shall note the docket number assigned by the Tribunal for the 2024 tax year and if filed utilizing the Tribunal’s e-filing system, must be filed on the assigned 2024 docket number as a “Severed Petition.” Failure to comply with this Order will result in the dismissal of this case.3 Entered: November 26, 2024 By _____________________________ bw PROOF OF SERVICE I certify that a copy of the foregoing was sent on the entry date indicated above to the parties or their attorneys or authorized representatives, if any, utilizing either the mailing or email addresses on file, as provide by those parties, attorneys, or authorized representatives. By: Tribunal Clerk 3 TTR 231(1). See also MCL 205.732.
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STATE OF MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MICHIGAN TAX TRIBUNAL _____________________________________________________________________________ YOLANDA RUSSELL, Petitioner, v. MOAHR Docket No. 24-003622 CITY OF DETROIT, Respondent. MOTION TO WITHDRAW AS REPRESENTATIVE To: City of Detroit Office of the Assessor c/o Isaac Degraffenreid 2 Woodward Ave. Ste. 804 Detroit, MI 48226 degraffenreidi@detroitmi.gov 1. Please take notice that the Neighborhood Law Clinic moves the Tribunal for permission to withdraw as authorized representative for Petitioner Yolanda Russell in the above-captioned case, pursuant to Tax Tribunal Rule 223(4). 2. Pursuant to Tax Tribunal Rule 223(4): a. We were retained to represent Petitioner Yolanda Russell only for her tax year 2023 appeal to the Michigan Tax Tribunal, MOAHR Docket No. 23-002917. b. We have completed all services we agreed to provide our former client. c. Our former client’s contact information is: Yolanda Russell 16870 Rockdale Detroit, MI 48219 yrussell2010@gmail.com (313) 215-6850 Respectfully submitted this 21st day of October, 2024.
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Electronically signed by Tessa M. Henson Tessa Henson Neighborhood Law Clinic 975 Bascom Mall Madison, WI 53706 tmhenson@wisc.edu (608)265-2441 I certify that on this date I served a copy of this motion, and any additional documentation, on all parties, including our former client and the opposing party or their representative. October 21, 2024 Electronically signed by Tessa Henson Date Tessa Henson
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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 Yolanda Russell, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket Nos. 23-002917 & 24-003622 City of Detroit, Presiding Judge Respondent. Patricia L. Halm FINAL OPINION AND JUDGMENT ORDER SEVERING 2024 TAX YEAR AND ASSIGNING IT DOCKET NUMBER 24-003622 The Tribunal issued a Proposed Opinion and Judgment (POJ) on August 1, 2024. The POJ states, in pertinent part, “[t]he parties have 20 days from date of entry of this POJ to notify the Tribunal in writing, by mail or by electronic filing, if available, if they do not agree with the POJ and to state in writing why they do not agree with the POJ (i.e., exceptions).” Neither party has filed exceptions to the POJ. The Administrative Law Judge (ALJ) considered the testimony and evidence submitted and made specific findings of fact and conclusions of law pertaining to the 2023 tax year. The ALJ’s determination is supported by the testimony, evidence and applicable statutory and case law. Petitioner’s testimony was the only relevant evidence provided for the 2024 tax year, however, and it was not sufficient to make a value determination for that year. “The Tribunal may not automatically accept a respondent's assessment, but must make its own findings of fact and arrive at a legally supportable true cash value.”1 As such, the Tribunal shall sever the 2024 tax year, assign it a new docket number, and parties will be ordered to file pleadings specific to the 2024 tax year. Given the above, the Tribunal adopts the POJ, pertaining to the 2023 tax year, as the Tribunal’s final decision in this case.2 The Tribunal also incorporates by reference the Findings of Fact and Conclusions of Law contained in the POJ in this Final Opinion and Judgment. As a result: 1 Jones & Laughlin Steel Corp v City of Warren, 193 Mich App 348, 355; 483 NW2d 416 (1992) (Citing Pinelake Housing Cooperative v Ann Arbor, 159 Mich App 208, 220; 406 NW2d 832 (1987)); Consolidated Aluminum Corp v Richmond Twp, 88 Mich App 229, 232-233; 276 NW2d 566 (1979)). 2 See MCL 205.726.
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MTT Docket Nos. 23-002917 & 24-003622 Page 2 of 4 a. The property’s true cash value (TCV), state equalized value (SEV), and taxable value (TV), as established by the Board of Review for the tax year at issue, are as follows: Parcel Number: 22114290. Year TCV SEV TV 2023 $45,600 $22,800 $11,588 b. The property’s TCV, SEV, and TV, as determined by the Tribunal for the tax year at issue, are as follows: Parcel Number: 22114290. Year TCV SEV TV 2023 $31,600 $15,800 $11,588 IT IS SO ORDERED. IT IS FURTHER ORDERED that the 2024 tax year shall be SEVERED and assigned Docket No. 24-003622. IT IS FURTHER ORDERED that Petitioner shall file a petition pertaining to the 2024 tax year within 21 days of the entry of this Order.3 The petition shall note the docket number assigned by the Tribunal for the 2024 tax year and if filed utilizing the Tribunal’s e-filing system, must be filed on the assigned 2024 docket number as a “Severed Petition.” IT IS FURTHER ORDERED that the Tribunal shall issue a Notice of Docket after receipt of the petition. IT IS FURTHER ORDERED that the officer charged with maintaining the assessment rolls for the 2023 tax year shall correct or cause the assessment rolls to be corrected to reflect the property’s true cash and taxable values within 20 days of entry of this Final Opinion and Judgment, subject to the processes of equalization.4 To the extent that the final level of assessment for a given year has not yet been determined and published, the assessment rolls shall be corrected once the final level is published or becomes known. IT IS FURTHER ORDERED that the officer charged with collecting or refunding the affected taxes shall collect taxes and any applicable interest or issue a refund within 28 days of entry of this Final Opinion and Judgment. If a refund is warranted, it shall include a proportionate share of any property tax administration fees paid and penalty 3 Alternatively, the petition may be downloaded from the Tribunal’s website and mailed to the Tribunal via United States Postal Service at: Michigan Tax Tribunal, PO BOX 30232, Lansing, MI 48909. The petition may also be delivered to the Tribunal via overnight carrier (UPS, FedEx, or DHL) at: Michigan Tax Tribunal, 2nd Floor MTT, 2407 N. Grand River Avenue, Lansing, MI 48933. 4 See MCL 205.755.
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MTT Docket Nos. 23-002917 & 24-003622 Page 3 of 4 and interest paid on delinquent taxes. The refund shall also separately indicate the amount of the taxes, fees, penalties, and interest being refunded. A sum determined by the Tribunal to have been unlawfully paid shall bear interest from the date of payment to the date of judgment, and the judgment shall bear interest to the date of its payment. A sum determined by the Tribunal to have been underpaid shall not bear interest for any time period prior to 28 days after the issuance of this Final Opinion and Judgment. Pursuant to MCL 205.737, interest shall accrue (i) after December 31, 2013, through June 30, 2016, at the rate of 4.25%, (ii) after June 30, 2016, through December 31, 2016, at the rate of 4.40%, (iii) after December 31, 2016, through June 30, 2017, at the rate of 4.50%, (iv) after June 30, 2017, through December 31, 2017, at the rate of 4.70%, (v) after December 31, 2017, through June 30, 2018, at the rate of 5.15%, (vi) after June 30, 2018, through December 31, 2018, at the rate of 5.41%, (vii) after December 31, 2018 through June 30, 2019, at the rate of 5.9%, (viii) after June
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MT
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