Petitioner Failed to Adequately Answer Interrogatory Questions
The Court of Appeals in Dav-Id Two, L.L.C. v. City of Harper Woods, Michigan Court of Appeals, No. 296882, May 31, 2011 affirmed that the Michigan Tax Tribunal properly dismissed a limited liability company's appeal of a local property tax assessment because of the company's willful noncompliance with the Tax Tribunal's orders. The company's answers to the interrogatories, which were filed after the Tax Tribunal granted the city's motion to compel, were blatantly nonresponsive to the interrogatory questions.
Rather than dismissing the petition at that time, the Tax Tribunal gave the company another chance when it allowed the company the opportunity to answer the questions, provide the requested documents, and file a motion to set aside the default. However, the company again did not fully answer the questions and did not provide all of the documents. The Tax Tribunal's decision to enforce its authority was within the range of reasonable and principled outcomes under the circumstances.