Posted by jdemaris on December 12, 2009 at 12:13:23 from (67.142.130.47):
I've got a pretty good working knowledge of the law, but this problem has me stumped. For context on this forum, it involves a small farm I own in northern Michigan. I live 800 miles away in New York.
I'll try to be brief. I am protesting my tax assessents and loss of ag. exemption - but that is not the issue here.
After trying to contact the assessor for a full year, he did not reply even once. Not by phone, email, or U.S. Mail. So, I proceeded onto the Michigan Tax Tribunal. That is their purpose.
I waited 8 months for a hearing date. Finally got one for December 8. I live 800 miles away, thus a 1600 mile round trip. I convinced my elderly wife's parents to go in our place since they live 50 miles away from the hearing site.
So, the day came, they drove over there and sat half a day waiting. The judge never showed up.
Keep in mind this was a cold winter morning. They are in their 80s and had to get up 5 a.m. to get to the hearing site on time. They sat there from 8 AM to 1 PM.
I got very ticked off. After making many phone calls to the Tax Tribunal in Lansing, the "boss" got on the phone. He informed me that the "buck" stops with him. He is in charge, he is a lawyer, he is a judge, Chief Clerk, etc. etc. Sounded like he wanted to convince me he was a god of some sort.
After some arguing, he told me that they sent me notice of postponement by U.S. Mail. I asked when. He got angry and finally stated it was mailed December 4, a Friday. Court was scheduled 8:00 AM the following Tuesday, two business days later. So, as I told him, there is no way that notice could of reached me in time. Mail takes 3-5 business days to reach me. I finally got the notice by mail on December 11, three days after the hearings were supposed to take place. The letter they sent was postmarked December 7, ONE day before trial! So, the judge either lied to me, or is incompetent. Maybe both.
Keep in mind that if we had failed to show up, we would of automatically lost our case.
I researched Michigan law and found this judge, technically the Chief Clerk of the Michigan Tax Tribunal, violated Michigan law.
Law reads as thus:
R 205.1340 Notice of hearing Rule 340 The clerk shall send the parties notice of the time, date, and place of the hearing not less than 14 days before the hearing. History: 1996 MR 4, Eff. May 2, 1996.
Note the 14 day requirement, not one day.
So, I asked the Judge Clerk who I can complain to, and he told me "nobody." Basically "tough luck" peon taxpayer.
So here I am, pretty furious and frustrated. I've got a Judge clearly in violation pretending he is untouchable. I also still need a hearing to take place and refuse to send someone there, or drive myself, without assurance it won't be cancelled again with me being told before-hand.
It's impossible to call the Canadian governor of Michigan and Jennifer wouldn't talk to me anyway. I did contact a State Rep and so far nothing has happened.
So, thus the question. What the heck do you do when a government official who clearly ignores the law and almost brags about it. What is a low-level non-government, non-resident peon like me supposed to do?
Like I said, at this point, I'm stumped. I can think of many things I'd like to do, but they are all illegal.
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