Full record / Respondent's Brief and Explanation of Evidence with Exhibits 1-7.pdf

Respondent's Brief and Explanation of Evidence with Exhibits 1-7.pdf

J & S Farms LLC, Petitioner V Township Of Holland, Respondent · 25-003108-TT

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Page 1

STATE OF MICHIGAN 

DEPARTMENT OF LICENSING & REGULATORY AFFAIRS 

MICHIGAN OFFICE OF ADMINISTRATIVE HEARINGS AND RULES 

MICHIGAN TAX TRIBUNAL 

J & SFARMS, LLC, 

Docket No. 25-003108 

Petitioner, 

Parcel No. 70-16-04-200-004 

v. 

TOWNSHIP OF HOLLAND, 

Respondent. 

Thomas K. Dillon 

Bradley J. Fisher (P64608) 

FOSTER, SWIFT, COLLINS 

SCHOLTEN FANT 

& SMITH, PC 

Attorneys for Respondent 

Attorneys for Petitioner 

100 N. Third St. 

1700 E. Beltline Ave. NE, Ste. 200 

Grand Haven, MI 49417-0454 

Grand Rapids, MI 49525 

(616) 842-3030 

(616) 726-2258 

bfisher@scholtenfant.com 

tdillon@fosterswift.com 

RESPONDENT’S BRIEF AND EXPLANATION OF EVIDENCE 

NOW COMES the Respondent, TOWNSHIP OF HOLLAND, by and through 

its 

attorneys, SCHOLTEN FANT, and for its Brief and Explanation of Evidence, states as follows: 

INTRODUCTION 

The Assessor uncapped the taxable value of 12120 New Holland Street, Holland, MI, 

Parcel No. 70-16-04-200-004 (the “Property”), following an August 28, 2024 transfer. 

The 

Assessor uncapped the taxable value because the Property was classified residential, received a 

Principal Residence Exemption, and was not being actively farmed by the owner. While a portion 

of the Property was being leased to a third party for farming, it was not being actively farmed by 

the previous owner and therefore did not satisfy the statutory definition of “qualified agricultural

Page 2

property” under MCL 211.27a(7)(0). The Respondent requests that the Tribunal deny Petitioners 

requested relief and otherwise affirm the uncapping. 

STATEMENT OF FACTS 

Prior to the August 28, 2024 transfer, the Property was classified Residential (Class 401) 

and received a Principal Residence Exemption (“PRE”). See Property valuation report and record 

card, attached as Exhibits 

1 and 2. Significantly, the Property had not been classified as 

agricultural property, had not previously received a Qualified Agricultural Exemption (“QAE”), 

and was not receiving a QAE at the time of transfer. While the residence on the Property was 

owner-occupied by Mary Jane Nienhuis, the portion of the Property being farmed was being leased 

to a third party (Email from previous owner’s son Kevin Nienhuis, attached as Exhibit 3), i.e., the 

resident receiving the PRE was not farming the Property. 

Post-transfer, on September 12, 2024, the Petitioner filed Form 3676 and recorded it at the 

Ottawa County Register of Deeds (Exhibit 4), falsely asserting the Property had been Qualified 

Agricultural Property and would remain so. The August 28, 2024 deed transferring the Property 

to Petitioner is attached as Exhibit 5. 

For the 2025 tax year, the Township Assessor determined the August 2024 conveyance 

constituted a transfer of ownership under the General Property Tax Act and accordingly uncapped 

the Property’s taxable value. The 2025 Notice of Assessment, attached as Exhibit 6, reflects an 

increase in taxable value from $128,522 to $242,900 and further reflects that the Property remained 

classified as Residential (Class 401) but post-uncapping received 

a Qualified Agricultural 

Exemption. 

The Petitioner challenged the uncapping before the March 2025 Board of Review. The 

Board of Review denied the Petitioner’s request and left the uncapping determination unchanged.

Page 3

Thereafter, the Petitioner filed this appeal seeking reversal of the uncapping and requested that the 

Property’s taxable value be revised to $132,506. 

The Township requests the Tribunal affirm the uncapping of the Property’s taxable value 

for the 2025 tax year and deny Petitioner its requested relief. 

STANDARD 

OF REVIEW 

The Petitioner’s appeal 

requires the Tribunal 

to 

interpret and apply provisions of 

Michigan’s General Property Tax Act, specifically MCL 211.27a and MCL 211.7dd. The 

proceeding before the Tribunal is considered de novo. MCL 205.735a(2). The Tribunal does not 

sit in appellate review of the assessor or board of review and is not confined to their factual 

findings, rather, the Tribunal must make 

its own independent determination of whether the 

Property qualifies for the exemption the Petitioner claims. Spranger v City of Warren, 308 Mich. 

App. 477; 865 NW2d 52 (2014). Accordingly, the Tribunal may receive new evidence and hear 

new testimony in reaching their determination. /d. 

The Petitioner bears the burden of proof and must satisfy that burden by a preponderance 

of evidence. Est. of Schubert v Dep't of Treasury, 322 Mich. App. 439; 314 NW2d 479 (1981); 

Spranger, 308 Mich. at 479. The Petitioner’s claim under MCL 211.7dd is that the Property is a 

qualified agricultural property, requiring the Petitioner to prove the Property’s membership in that 

exempted class by a preponderance of evidence. ProMed Healthcare v City of Kalamazoo, 249 

Mich. App. 490; 644 NW2d 47 (2002). 

Tax statutes that grant exemptions are to be narrowly construed in favor of the taxing 

authority. Ashley Capital, LLC v Dept of Treasury, 314 Mich. App. 1, 7; 884 N.W.2d 848 (2015). 

Therefore, any doubt as to the Property’s membership of the claimed exempted class must be

Page 4

resolved strictly against the Petitioner as the Property owner. See ProMed Healthcare, 249 Mich. 

App. at 493. 

Whether the August 28, 2024 conveyance was a “transfer of ownership” excepted from 

uncapping under MCL 211.27a(7)(0) presents a question of statutory interpretation that the 

Tribunal resolves as a matter of law. See Klooster v City of Charlevoix, 488 Mich. 289, 295-296; 

795 N.W.2d 578 (2011). 

The Tribunal’s factual findings are conclusive if supported by competent, material, and 

substantial evidence. Wexford Med. Grp v City of Cadillac, 474 Mich. 192; 713 N.W.2d 734 

(2006). The Michigan Appellate Court has held that substantial evidence is “more than a scintilla,” 

though it “may be substantially less than a preponderance of the evidence.” Meijer; Inc. v City of 

Midland, 240 Mich. App. 1, 5; 610 N.W.2d 242 (2000). 

The Township respectfully submits that Petitioner has not proved by a preponderance of 

the evidence that the Property qualifies for the claimed exemption under MCL 211.7dd and MCL 

211.27a(7)(0), which must be narrowly construed in favor of the Township as the taxing authority. 

ARGUMENT 

Under Michigan’s General Property Tax Act, a transfer of ownership uncaps a property’s 

taxable value absent specific, limited exemptions. MCL 211.27a(3). 

The Petitioner asserts the 

August, 2024 was not a “transfer” pursuant to the qualified agricultural exemption of MCL 

211.27a(7)(0). That exemption does not apply because the Property was not “qualified agricultural 

property” when it was transferred on August 28, 2024. The Property’s residential classification and 

existing Principal Residence Exemption confirm its residential treatment at the time of transfer. 

Moreover, Petitioner could not retroactively establish qualified agricultural status by recording 

Form 3676 after the transfer. Finally, Petitioner’s reliance on Phelps v Courtland Township, Final 

4

Page 5

Opinion and Judgment of the Michigan Tax Tribunal, May 2, 2017 (Docket No. 16-002057, 

Exhibit 7), is misplaced because the resident in the present case, unlike the resident in Phelps, was 

not farming the Property and was instead leasing the farmed portion to a third party. Accordingly, 

the Township properly uncapped the Property’s taxable value for the 2025 tax year. 

L 

The Property Does Not Meet the Statutory Requirements for the Qualified 

Agricultural Exemption. 

The Property was classified as residential before the August 28, 2024 transfer. To prove it 

nevertheless qualified as agricultural property at that time, Petitioner must present competent 

evidence showing that the Property satisfied every requirement of MCL 211.7dd despite its 

residential classification and PRE treatment. The Petitioner has failed to do so. 

MCL 211.7dd(d) defines "qualified agricultural property" as: 

"unoccupied property and related buildings classified as agricultural, or other 

unoccupied property and related buildings located on that property devoted 

primarily to agricultural use...Related building include a residence occupied by a 

person employed in or actively involved in the agricultural use..." 

The statute recognizes two separate methods by which unoccupied property may qualify: 

(1) agricultural classification, or (2) proof that the property is devoted primarily to agricultural use. 

The Property indisputably fails the first provision of the statute. At the time Petitioner 

acquired the Property, it was both owner-occupied and classified Residential (401). Furthermore, 

it was receiving a PRE at the time of transfer. 

The Property further fails the second provision of the statute. 

At the time the Petitioner 

acquired the Property, the previous owner and resident was not actively involved in a qualified 

agricultural use. The previous owner was not actively farming the Property and was instead leasing 

a portion of the Property to a third party to farm it (Ex. 3). 

The Petitioner cannot satisfy its burden of proof and its petition should be denied.

Page 6

IL 

Form 3676 is Intended to Continue an Existing Qualified Agricultural Status and 

May Not Be Used to Create Such Status After a Transfer 

The Petitioner’s claim relies in part upon its post-purchase filing of Treasury Form 3676. 

The operative statutory language and the affidavit itself presuppose the existence of qualified 

agricultural property before the transfer. By its plain terms, the affidavit addresses property that 

will "remain" qualified agricultural property after a transfer. It is not a mechanism through which 

a purchaser can transform property that was classified residential, receiving a PRE, and not 

receiving 

a qualified agricultural exemption 

into qualified agricultural 

property 

after the 

conveyance has occurred. 

Petitioner's interpretation would effectively allow any purchaser of residential property to 

avoid uncapping simply by filing Form 3676 after closing and asserting that agricultural activity 

occurred on the parcel. Nothing in MCL 211.27a(7)(o) authorizes such a result. The statute 

exempts the transfer of qualified agricultural property; it does not permit a purchaser to create 

qualified agricultural status through a post-transfer affidavit. 

III. 

The Unpublished Michigan Tax Tribunal Decision Phelps v Courtland Twp is 

Neither On-Point Nor Controlling. 

Petitioner’s appeal relies heavily (and inappropriately) on the unpublished Tax Tribunal 

- 

decision Phelps v Courtland Twp., (Exhibit 7), which addresses a fundamentally different issue 

than the one presented here. 

In Phelps, the Tribunal addressed whether property classified residential that otherwise 

satisfied the statutory definition of “qualified agricultural property” could qualify for the recapping 

provisions of MCL 211.27a(8). The Tribunal held that property classified residential that did not 

previously receive a qualified agricultural exemption could still avoid uncapping of the taxable 

value upon transfer if the actual use of the property satisfied the statutory definition of qualified

Page 7

agricultural property. Put simply, Tribunal recapped the post- transfer taxable value of a residential 

property because the owners both before and after the sale farmed the property themselves. 

Here, the facts present a fundamentally different threshold issue. Unlike the property in 

Phelps, the current Property was not farmed by its previous owner. The previous owner instead 

leased the Property to a third party who farmed it. 

The Property was classified residential, 

received a PRE, and the resident was not employed in, or actively involved in, an agricultural use 

on the Property. The Property therefore does not qualify for recapping under MCL 211.27a(8). 

The Township is not arguing that prior receipt of a qualified agricultural exemption is always 

required. Instead, the Township has shown that the Property simply did not satisfy the statutory 

requirements of "qualified agricultural property" prior to the subject transfer. The Phelps decision, 

in addition to being non-binding precedent, is simply inapplicable to the present facts. 

CONCLUSION 

The General Property Tax Act provides a narrow uncapping exemption for transfers of 

qualified agricultural property. The Petitioner has not met its burden of proving that the Property 

qualified for that exemption at the time of the August 28, 2024 transfer. The previous owners did 

not actively farm the Property. They leased a portion of the Property to a third party to farm it 

while the Property retained a residential classification and PRE. 

Respondent Holland Charter 

Township respectfully requests that the Tribunal deny the Petition, determine that the conveyance 

constituted a transfer of ownership subject to uncapping under MCL 211.27a, uphold the Township 

Assessor’s taxable-value determination for the 2025 tax year, and grant any other relief the 

Tribunal deems just and appropriate.

Page 8

Respectfully submitted, 

CHOLTEN 

KANT 

Dated: September 30, 2026 

Bradldy J\Fisher-P64608) 

Attorneys for Respondent 

Township of Holland

Page 9

EXHIBIT 1

EXHIBIT 1

Page 10

Valuation Report

DB:

Holland Twp 2023

09/29/2026

04:23 PM

Total Estimated True Cash Value of Agricultural Buildings = 26,789

ECF (008-RURAL-N&E OF GREENLY/US31) 0.788 => TCV of Bldg: 1 = 26,789

Phy/Ab.Phy/Func/Econ/Comb. % Good=64/100/100/100/64 Depr. Cost = 33,996

Space Heater 3.11 3456 10,748

Base Cost 12.26 3456 42,371

Description Rate Size Cost New

Height: 16 ft

Ag. Bld 1 2004, 4 Wall Equipment Shelter Class:D,Frame Quality:Average

 ECF (008-RURAL-N&E OF GREENLY/US31) 1.035 => TCV: 188,891

Notes: 

 Totals: 280,769 182,503

 Exterior 1 Story 1 5,774 3,753 

Fireplaces

 Door Opener 1 485 315 

 Base Cost 528 25,175 16,364 

Class: C Exterior: Brick Foundation: 42 Inch (Unfinished)

Garages

 Treated Wood 360 5,400 3,510 

Deck

 CCP (1 Story) 25 750 487 

 CCP (1 Story) 110 2,718 1,767 

Porches

 2 Fixture Bath 1 2,756 1,791 

Plumbing

Other Additions/Adjustments

 Total: 237,711 154,516

1 Story Brick Crawl Space 336 

1 Story Brick Basement 1,350 

Stories Exterior Foundation Size Cost New Depr. Cost 

Building Areas

Phy/Ab.Phy/Func/Econ/Comb. % Good=65/100/100/100/65

Ground Area = 1686 SF Floor Area = 1686 SF.

(11) Heating System: Forced Air w/ Ducts 

 

Cost Est. for Res. Bldg: 1 Single Family 1 STORY Cls C 10 Blt 1966

 Total Estimated Land Improvements True Cash Value = 10,664

 WATER & SEWER 5,800.00 1 77 4,466

 CONCRETE DRIVEWAY 5.00 1610 77 6,198

Description Rate Size % Good Cash Value

Residential Local Cost Land Improvements

Description Rate Size % Good Cash Value

Land Improvement Cost Estimates

 5.56 Total Acres Total Est. Land Value = 141,617

RURAL RES ACREAGE 5.560 Acres 25,471 100 141,617

<Site Value B> 0 100 0

Description Frontage Depth Front Depth Rate %Adj. Reason Value

 * Factors * 313.5 X 660

Land Value Estimates for Land Table 00008. RURAL-N&E OF GREENLY/US31 

Map #: HOLLAND CHARTER TOWNSHIP HOLLAND, MI 49424 

Property Class: 401 12120 NEW HOLLAND ST 

70-16-04-200-004 2023 Est. T.C.V. NIENHUIS MARY JANE

Page 11

Valuation Report

DB:

Holland Twp 2023

09/29/2026

04:23 PM

 184,000 184,000 184,000 122,402 122,402 122,402

2023 Assessed MBOR S.E.V. Capped ->Taxable<- PRE/MBT

 0 14,300 0 0 5,828 0

2023 New Eq. Adjustment Loss Additions Tax Adjustment Losses

 169,700 169,700 169,700 116,574 5.00

2022 Assessed MBOR S.E.V. Base for Cap IRM

Est. TCV/Total Floor Area = 218.24

2023 Est. T.C.V. 70-16-04-200-004 = 367,961

Parcel Number: 70-16-04-200-004 Page: 2

Page 12

EXHIBIT 2

EXHIBIT 2

Page 13

*** Information herein deemed reliable but not guaranteed***

OTTAWA

County:

HOLLAND CHARTER TOWNSHIP

Jurisdiction:

Printed on

Parcel Number:

70-16-04-200-004

111,292C

152,400

97,600

54,800

2020

112,850C

164,700

109,900

54,800

2021

116,574C

169,700

109,600

60,100

2022

122,402C

184,000

113,200

70,800

2023

Taxable

Value

Tribunal/

Other

Board of

Review

Assessed

Value

Building

Value

Land

Value

Year

Work Description for Permit P02BZ02, Issued 04/24/2002: AG BUILDING 

Land Improvement Cost Estimates

Description Rate Size % Good Cash Value

Residential Local Cost Land Improvements

Description Rate Size % Good Cash Value

 CONCRETE DRIVEWAY 5.00 1610 77 6,198

 WATER & SEWER 5,800.00 1 77 4,466

 Total Estimated Land Improvements True Cash Value = 10,664

 * Factors * 313.5 X 660

Description Frontage Depth Front Depth Rate %Adj. Reason Value

<Site Value B> 0 100 0

RURAL RES ACREAGE 5.560 Acres 25,471 100 141,617

 5.56 Total Acres Total Est. Land Value = 141,617

Land Value Estimates for Land Table 00008. RURAL-N&E OF GREENLY/US31 

AL 07/05/1990 INSPECTED

TM 02/03/2005 INSPECTED

Who When What

Level

Rolling

Low

High

Landscaped

Swamp

Wooded

Pond

Waterfront

Ravine

Wetland

Flood Plain

 

 

 

 

 

 

 

 

 

 

 

 

 

Topography of 

Site

Dirt Road

Gravel Road

Paved Road

Storm Sewer

Sidewalk

Water

Sewer

Electric

Gas

Curb

Street Lights

Standard Utilities

Underground Utils.

 

 

X

 

 

X

 

X

 

 

 

 

 

Public

Improvements

Vacant

 

Improved

X

The Equalizer. Copyright (c) 1999 - 2009.

Licensed To: Township of Holland, County

of Ottawa, Michigan

MRS REFUSED AL ON 7-5-90.

FOR 2005 - - NEW AG BUILDING. 2 LARGE

OVERHEAD DOORS. 1 SERVICE DOOR. HEATED.

TM 2-3-05. 

Comments/Influences

N 660 FT OF NE 1/4 OF NE FRL 1/4, EXC E

45 RDS, ALSO EXC W 12 RDS SEC 4 T5N R15W

5.5 A

Tax Description

NIENHUIS MARY JANE

12120 NEW HOLLAND ST

HOLLAND MI 49424

Owner's Name/Address

12120 NEW HOLLAND ST

Property Address

2023 Est TCV 367,961 TCV/TFA: 218.24

MAP #: 

P.R.E. 100% 06/30/1994 

Complete !

P02BZ02

04/24/2002

AG - New or Add

School: WEST OTTAWA PUBLIC SCH DIST

Status

Number

Date

Building Permit(s)

Zoning: AG

Class: RESIDENTIAL-IMPROV

Prcnt.

Trans.

Verified

By

Liber

& Page

Terms of Sale

Inst.

Type

Sale

Date

Sale

Price

Grantee

Grantor

09/29/2026

Page 14

Class: C +10

Effec. Age: 35

Floor Area: 1,686 

Total Base New : 280,769 E.C.F.

Total Depr Cost: 182,503 X 1.035

Estimated T.C.V: 188,891 

Cost Est. for Res. Bldg: 1 Single Family 1 STORY Cls C 10 Blt 1966

(11) Heating System: Forced Air w/ Ducts 

Ground Area = 1686 SF Floor Area = 1686 SF.

Phy/Ab.Phy/Func/Econ/Comb. % Good=65/100/100/100/65

Building Areas

Stories Exterior Foundation Size Cost New Depr. Cost 

1 Story Brick Basement 1,350 

1 Story Brick Crawl Space 336 

 Total: 237,711 154,516

Other Additions/Adjustments

Plumbing

 2 Fixture Bath 1 2,756 1,791 

Porches

 CCP (1 Story) 110 2,718 1,767 

 CCP (1 Story) 25 750 487 

Deck

 Treated Wood 360 5,400 3,510 

Garages

Class: C Exterior: Brick Foundation: 42 Inch (Unfinished)

 Base Cost 528 25,175 16,364 

 Door Opener 1 485 315 

Fireplaces

 Exterior 1 Story 1 5,774 3,753 

 Totals: 280,769 182,503

Notes: 

 ECF (008-RURAL-N&E OF GREENLY/US31) 1.035 => TCV: 188,891

Carport Area: 

Roof: 

Bsmnt Garage: 

Year Built: 

Car Capacity: 2

Class: C

Exterior: Brick

Brick Ven.: 0

Stone Ven.: 0

Common Wall: 2 Wall

Foundation: 42 Inch

Finished ?: 

Auto. Doors: 1

Mech. Doors: 0

Area: 528

% Good: 0

Storage Area: 0

No Conc. Floor: 0

 (17) Garage

CCP (1 Story)

CCP (1 Story)

Treated Wood

110

25

360

Type

Area

 (16) Porches/Decks

Interior 1 Story

Interior 2 Story

2nd/Same Stack

Two Sided

Exterior 1 Story

Exterior 2 Story

Prefab 1 Story

Prefab 2 Story

Heat Circulator

Raised Hearth

Wood Stove

Direct-Vented Gas

 

 

 

 

1

 

 

 

 

 

 

 

 (15) Fireplaces

Appliance Allow.

Cook Top

Dishwasher

Garbage Disposal

Bath Heater

Vent Fan

Hot Tub

Unvented Hood

Vented Hood

Intercom

Jacuzzi Tub

Jacuzzi repl.Tub

Oven

Microwave

Standard Range

Self Clean Range

Sauna

Trash Compactor

Central Vacuum

Security System

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 (15) Built-ins

 Lump Sum Items:

Public Water

Public Sewer

Water Well

1000 Gal Septic

2000 Gal Septic

 

 

 

 

 

 (14) Water/Sewer

Average Fixture(s)

3 Fixture Bath

2 Fixture Bath

Softener, Auto

Softener, Manual

Solar Water Heat

No Plumbing

Extra Toilet

Extra Sink

Separate Shower

Ceramic Tile Floor

Ceramic Tile Wains

Ceramic Tub Alcove

Vent Fan

 

1

1

 

 

 

 

 

 

 

 

 

 

 

 (13) Plumbing

Few

 

Ave.

X

Many

 

No. of Elec. Outlets

Min

 

Ord.

X

Ex.

 

 No./Qual. of Fixtures

Amps Service

100

 (12) Electric

Central Air

Wood Furnace

 

 

Forced Air w/o Ducts

Forced Air w/ Ducts 

Forced Hot Water

Electric Baseboard

Elec. Ceil. Radiant

Radiant (in-floor)

Electric Wall Heat

Space Heater

Wall/Floor Furnace

Forced Heat & Cool

Heat Pump

No Heating/Cooling

 

X

 

 

 

 

 

 

 

 

 

 

Elec.

Steam

 

Oil

Coal

 

Gas

Wood

X

 (11) Heating/Cooling

 Joists: 2 X 10 X 16

 Unsupported Len: 

 Cntr.Sup: PLYWOOD

 (10) Floor Support

Recreation SF

Living SF

Walkout Doors (B)

No Floor SF

Walkout Doors (A)

 

 

 

 

 

 (9) Basement Finish

Conc. Block

Poured Conc.

Stone

Treated Wood

Concrete Floor

 

8

 

 

X

 (8) Basement

 Basement: 1350 S.F.

 Crawl: 336 S.F.

 Slab: 0 S.F.

 Height to Joists: 0.0

 (7) Excavation

 

 

 

 

 (6) Ceilings

 Kitchen: Linoleum

 Other: Carpeted

 Other: 

 (5) Floors

H.C.

X

Solid

 

Doors:

Small

 

Ord

X

Lg

 

Size of Closets

Min

 

Ord

X

Ex

 

Trim & Decoration

Plaster

Wood T&G

 

 

Drywall

Paneled

 

 

(4) Interior

Eavestrough

Insulation

Front Overhang

Other Overhang

 

 

 0

 0

 (3) Roof (cont.)

*** Information herein deemed reliable but not guaranteed***

Residential Building 1 of 1

Printed on

Parcel Number:

70-16-04-200-004

 Chimney: Brick

Asphalt Shingle

X

Gambrel

Mansard

Shed

 

 

 

Gable

Hip

Flat

X

 

 

 (3) Roof

Wood Sash

Metal Sash

Vinyl Sash

Double Hung

Horiz. Slide

Casement

Double Glass

Patio Doors

Storms & Screens

X

 

 

X

 

 

 

 

Large

Avg.

Small

 

X

 

Many

Avg.

Few

 

X

 

 (2) Windows

Wood/Shingle

Aluminum/Vinyl

Brick

 

Insulation

 

 

X

 

 (1) Exterior

Basement

1st Floor

2nd Floor

Bedrooms

 

 

 

 

 Room List

Condition: Good

Remodeled

0

 Yr Built

 1966 

 Building Style:

 1 STORY

Wood Frame

X

Single Family

Mobile Home

Town Home

Duplex

A-Frame

X

 

 

 

 

 Building Type

09/29/2026

Page 15

Parcel Number: 

70-16-04-200-004, 

Residential 

Building 

1 

Printed 

on 

09/29/2026 

 

 

 

 

 

 

 

2 

DK 

380.0 sf 

5.0 

24.0 

cP 

io 

50st 

ie 

e 

ae 

5 

50.0 

= 

336.0 sf 

= 

24.0 

24.0 

a 

i—] 

rR 

x 

Ps 

& 

GAR 

i) 

os 

a 

528.0 sf 

& 

50.0 

24.0 

 

 

 

 

sketoh ty Apex S<erct 

***x 

Information herein deemed reliable 

but 

not guaranteed***

*** Information herein deemed reliable but not guaranteed***

Parcel Number: 70-16-04-200-004, Residential Building 1

Printed on

09/29/2026

Page 16

Total Estimated True Cash Value of Agricultural Improvements / This Card: 26789 / All Cards: 26789

Comments:

$ 26,789

Est. True Cash Value

64

% Good

X 0.788

E.C.F.

Description, Size X

 Rate X %Good = Cost

Itemized->

Unit-In-Place

->

Items

->

$ 0

+ Unit-In-Place Items

$ 33,996

Depreciated Cost

64/100/100 64.0

Phy./Func./Econ. %Good

$ 53,119

Cost New

72 x 48 = 3456

Length/Width/Area

Space Heaters, Fan 

Heating System

16

Height

4 Wall, 240

# of Walls, Perimeter

Average

Quality/Exterior

D,Frame

Class/Construction

2004

Year Built

Farm Implement (Equipment

Building Type

*** Information herein deemed reliable but not guaranteed***

Agricultural Improvement Card 1 of 1

Printed on

Parcel Number:

70-16-04-200-004

09/29/2026

Page 17

Parcel Number: 

70-16-04-200-004, 

Agricultural Building 

1 

Sistah Ly Avex Seeici 

***x 

Information herein deemed reliable 

but 

not guaranteed*** 

 

72.0 

 

Pole Barn 

16° Height 

Built 1979 

2880.0 SF 

40.0 

72.0 

 

 

Printed 

on 

09/29/2026

*** Information herein deemed reliable but not guaranteed***

Parcel Number: 70-16-04-200-004, Agricultural Building 1

Printed on

09/29/2026

Page 18

EXHIBIT 3

EXHIBIT 3

Page 19

On Wed, Sep 23, 2026, 3:32 PM Tyler Wolfe <tylerw@hct.holland.mi.us> wrote: 

Kevin, 

I hope all is well with you and your family. I know this question is a little out of the blue but 

was wondering if you remember who leased your parents 12120 New Holland St property to 

farm it. I know when you and I went to the property, we discussed that it was being leased, 

but I just can't remember the name. 

Any help would be great! 

Thank you! 

Tyler Wolfe - MMAO 

Holland Township Assessing Department

Phone: 616.395.0236 

tylerw@hct.holland.mi.us

------------------------------------------------------------------------------------------------------------ 

From: Kevin Nienhuis <kevin.nienhuis@gmail.com> 

Sent: Wednesday, September 23, 2026 3:51 PM 

To: Tyler Wolfe <tylerw@hct.holland.mi.us> 

Subject: Re: 12120 New Holland St. 

Hi Tyler, 

I hope you are doing well too. The individual who worked the ground was Tim Nienhuis. My 

parents never had an official lease or any sort of legal binding agreement. My dad Larry 

Nienhuis was friends with Ron Nienhuis who was Tims father, they had a gentleman's 

agreement and maybe a hand shake and that was all. I am not aware of current status or 

agreements since the property was purchased by the new owner. May i ask why this 

question is coming up? 

Thanks, 

KN

Page 20

On Wed, Sep 23, 2026, 3:32 PM Tyler Wolfe <tylerw@hct.holland.mi.us> wrote: 

Kevin, 

I hope all is well with you and your family. I know this question is a little out of the blue but 

was wondering if you remember who leased your parents 12120 New Holland St property to 

farm it. I know when you and I went to the property, we discussed that it was being leased, 

but I just can't remember the name. 

Any help would be great! 

Thank you! 

Tyler Wolfe - MMAO 

Holland Township Assessing Department

Phone: 616.395.0236 

tylerw@hct.holland.mi.us

Page 21

EXHIBIT 4

EXHIBIT 4

Page 22

ERECORDING

2024-0023573

FILED & SEALED FOR RECORD IN

OTTAWA COUNTY, MI

3USTIN F. ROEBUCK

COUNTY CLERK/REGISTER OF DE^DS

09/12/2024 AT 12:10 PM

30.00

Michigan Department of Treasury

3676 (Rev, 12.18}

This form 1$ Issued under authodty of PA. 260 of

2000 anci P.A. 378 of 2006. Fiting is mandatoiy.

Affidavit Attesting Qualified Agricultural Property Shall Remain Qualified Agricultural Property

1. Street Address of Properly

12120 New Holland

2. Name of County

Ottawa

3. City/Township/ViHage Whars Real Estate is Located

HoUand ' ~ U clty IX! Township LJ Village

4. Nameof Property Owners) (Print or Type Legibiy)

J&S Farms LL.C.

6. Legal Dsscriplion (Legal description !$ required; attach additional sheets if

necessary)

Attached

8, Daytime Telephone Number

(616)218-1455

5. Property ID Number (from Tax Bill or Assessment Notice)

PP# 70-16-04-200-004

7. Percenlage of this property that is, and will remain Quaiified Agricuitural Property

(Do Not Include Qualified Forest Program Property)

100%

9. E-mail Address

greatlakesturkey@att.net

Partial transfer under MCL 211.27a(6KK)? See Page 2

Q Yes [g No

CERTIFICATION & NOTARIZATION (Notarization necessary for recording with Register of Deeds)

I certify that the information above is true and complete to the best of my knowiedge. I further certify that the property noted on this affidavit

currently is, and wili remain, qualified agricultura! property. Must [^ sigi^by c^wp^r, partner, corporate ofRcer, or a duly authorized agent.

Dated: . ^/^ , 20 24 signed ' ^6-^) AJ ^^^^j

/ Name (Prir6^ or Type) Jg&^l W. Janssen

Dated:

,20,

Title Manager

Signed

Name (Printed or Type)

Title.

STATE OF MlCHiGAN

COUNTT OF

On this 2^** day of

)

)ss.

Ottawa

-n<Mc4-

J

.. 20_24__, the above-named person(s) John W. Janssen, Manager

..each personaily appeared before me. Each acknowledged that the persons' execution of this affidavit was that

person's free act and deed and affirmed that the contents of this affidavit are true to the best of that person's infonmation, knowledge

and belief,

PRINT/WE NAME:

NOTARY PUBLIC.

Acting in

^f^r

6 //-& f^r A

County, Michigan

County

(NOTARY SEAL)

Drafter's Name :J^^ 1^/

My commission expires;

T--^' '2-^.

Or l^$~^r ^7

Drafter's Address ^2/1 5>^A LWz.^ l^^ / 'H^C^.A /^rl ^<?WZ-^

FOR LOCAL GOVERNMENT USE ONLYAFTER THE INSTRUMENT IS RECORDED WITH THE REGISTER OF DEEDS

Is the percentage stated above in number 7 the current percentage of the property that is Qualified

Agricultural Property?

If NO, what ts the correct percentage of the property that is currently Qualified Agriculturai Property?

D Yes

No

Assessor's Signature

Date

OCROD PG 1 OF 2

Page 23

EXHIBIT "A" LEGAL DESCRIPTION

ForAPN/Parcel ID(s): 70-16-04-200-004

land Situated in the State of Michigan, County of Ottawa, Township of Holland.

Part of the Northeast Fractional 1/4 of Section 4, Town 5 North, Range 15 West, Holland Township,

Ottawa County, Michigan, described as:

Commencing at the North 1/4 corner of said Section; thence S88037t32"E 1508.84 feet along the North

line of said section to the Point of Beginning; thence continuing along said North line S88637'32"E

370.25 feet; thence SOO°29111"W 660.08 feet along the West line of the East 45 Rods of the NE 1/4 of

the NE fractional 1/4 of said section; thence N88°37'32"W 369.52 feet along the South line of the North

660 feet of the NE 1/4 of the NE fractiona! 1/4 of said section; thence N00025122nE 660.09 feet parallel

with the West line of the NE 1 /4 of the NE fractional 1 /4 of said section to the Point of Beginning.

OCROD PG 2 OF 2

Page 24

EXHIBIT 5

EXHIBIT 5

Page 25

TAX STAMP affixed

after recording

Affidavit on file.

ERECORDING

2024-0023572

FILED & SEALED FOR RECORD XN

OTTAWA COUNTY, MI

3USTIN F. ROEBUCK

COUNTY CLERK/REGISTER OF DEEDS

09/12/2024 AT 12:10 PM

30.00

The Grantors

convey and warrant to

WARRANTS DEED

Mary Jane Nienhuis, as Trustee of The Larry Alien Nienhuis Living

Trust, under agreement dated April 29,2002,of 12120 New Holland

St, Holland, MI 49424,

and

Mary Jane Nienhuis, as Tmstee of The Mary Jane Nienhuis Living

Trust, under agreement dated April 29,2002» of 12120 New Holland

St., Holland, MI 49424,

J & S Farms L.L.C., a Michigan limited liability company, whose

address is 727 Sea Watch Road, Holland, Michigan 49424,

the property situated in the Township of Holland, County of Ottawa, and State of Michigan, more

fully described on Exhibit A attached to this Deed, together with all improvements, fixtures,

easements, and appurtenances associated wifh the real estate ("Property"), subject to easements

and restrictions of record, zoning laws, and taxes and assessments which become due and payable

after the date of this deed, except taxes and assessments which may be added to the tax rolls or tax

bill after the date of this deed as a result of the disallowance of a homestead exemption or other

exempt status; for the sum of One Dollar ($ 1 .00) and other valuable consideration (see Real Estate

Transfer Tax Valuation Affidavit attached).

OCROD PG 1 OF A

Page 26

The Grantor intends to transfer to the Grantee the right to make all divisions, bonus divisions and

redivisions of the Property as the Grantor may have under the Land Division Act. The Grantor

makes no representation or warranty as to the accuracy of the number of divisions, bonus divisions

and redivisions of the Property as the Grantor may have under the Land Division Act. This

Property may be located within the vicinity of farmland or a farm operation. Generally accepted

agricultural and management practices which may generate noise, dust, odors and other associated

conditions may be used and are protected by the Michigan Right to Farm Act.

Dated: August^ 2024

The Larry Alien Nienhuis Living Trust, under

agreement dated April 29, 2002

'£\^r^

[ary/Jane Nienhuis

Its Trustee

Acknowledged before me in Ol^^^ County, Michigan, on August 2T, 2024, by

Mary Jane Nienhuis, as Trustee of The Larry Alien Nienhuis Living Trust, under agreement dated

April 29, 2002.

MARKRU1S

NOTARY PUBLIC - STATE OF MICHIGAN

COUNTS OF KENT

My Commission Expires February 02, 2028

Acting in the County of n\^^^

Notary Public, State of Michigan, County of.

Acting in the County of

My Commission Expires:

Acknowledged on:

2024

OCROD PC 2 OF 4

Page 27

Dated: August 78, 2024

The Mary Jane Nienhuis Living Trust, under

agreement dated April 29, 2002

g ^W\^\ ^£^~^/1^^^

Mhrv ^ahe Nienhuis v<.

»ry

Its Trustee

Acknowledged before me in Q^.^ t\ County, Michigan, on August "2& 2024, by

Mary Jane Nienhuis, as Tmstee of The Mary Jane Nienhuis Living Trust, under agreement dated

April 29,2002.

MARKRUIS

NOTARY PUBUC - STATE OF MICHIGAN

COUNTY OF KENT

My Commission Expires February 02, 2028

Acting in the County of /?9^ ^ '\

Notary Public, State of Michigan, County of

Acting in the County of

My Commission Expires:

Acknowledged on:

2024

Drafted by and

after recording return to:

Ryan E. Lamb

Foster Swift Collins & Smith PC

151 Central Avenue, Suite 260

Holland, Michigan 49423

(616)796-2503

OCROOPG30F4

Page 28

EXHIBIT A

Part of the Northeast Fractional 1/4 of Section 4, Town 5 North, Range 15 West, Holland

Township, Ottawa County, Michigan, described as:

Commencing at the North 1/4 comer of said Section; thence S88Q37'32"E 1508.84

feet along the North line of said section to the Point of Beginning; thence continuing

along said North line S88°37'32"E 370.25 feet; thence SOO°29tll"W 660.08 feet

along the West line of the East 45 Rods of the NE 1/4 of the NE fractional 1/4 of

said section; thence N88°37'32"W 369.52 feet along the South line of the North

660 feet of the NE 1/4 of the NE fractional 1/4 of said section; thence NOO°25t22"E

660.09 feet parallel with the West line of the NE 1/4 of the NE fractional 1/4 of

said section to the Point of Beginning. Contains 5.60 acres. Subject to easements,

restrictions and rights-of-way of record. Also subject to highway right-of-way for

New Holland Street over the most Northerly 33.00 feet thereof.

27415:00003:200595549-1

/(\^U\ ]| ^C'i^~ 0^ Z€V~ OC^

Ottawa County Treasurer Office 9f12ffi024

The records in my office show no unpaid (axes or special

assessments for the five years of Z023 and prior involvmg lands

m this instnjme;! This does not include taxes owed as a result

of Board of Review, PRE Denials or Tax Tribunal judgements.

Cheryl dark, Treasurer KS

OCROD PG 4 OF A

Page 29

EXHIBIT 6

EXHIBIT 6

Page 30

ian Onprant of Tsu 

THIS 

IS NOT A TAX BILL 

L-4400 

Notice of Assessment, Taxable Valuation, and Property Classification 

This form is issued under the authority of P.A. 206 of 1893, Sec. 211.24 (c) and Sec.211.34c, as amended. 

This is a model assessment notice to be used by the local assessor. 

FROM HOLLAND CHARTER TOWNSHIP 

PARCEL IDENTIFICATION 

PARCEL NUMBER: 

70-16-04-200-004 

353 N 120TH AVE 

HOLLAND, MI 49424 

PROPERTY ADDRESS: 

12120 NEW HOLLAND ST 

HOLLAND, MI 49424 

OWNER'S NAME & ADDRESS/PERSON NAMED ON ASSESSMENT ROLL: 

PRINCIPAL RESIDENCE EXEMPTION 

J&SFARMS LLC 

% Exempt As "Homeowners Principal Residence": 

.00% 

12120 NEW HOLLAND ST 

% Exempt As "Qualified Agricultural Property": 

100.00% 

HOLLAND MI 49424 

% Exempt As "MBT Industrial Personal": 

.00% 

% Exempt As "MBT Commercial Personal": 

.00% 

Exempt 

As "Qualified Forest Property": 

O Yes 

No 

Exempt As "Development Property": 

O Yes 

Xx 

No 

LEGAL DESCRIPTION: 

PART OF THE NE FRL 1/4 COM AT THE N 1/4 COR, TH S 88D 37M 32S E 1508.84 FT ALG N SEC LI TO PT OF BEG, TH CONT S 

88D 37M 32S E 370.25 FT, TH S OD 29M 11S W 660.08 FT ALG 

W 

LI OF E 45 RDS OF NE 1/4 OF NE FRL 1/4, TH N 88D 37M 32S W 

369.52 FT ALG S LI OF N 660 FT OF NE 1/4 OF NE FRL 1/4, TH N OD 25M 22S E 660.09 FT TO BEG. SEC 4 T5N R15W 

5.6 AC 

ACCORDING TO MCL 211.34c THIS PROPERTY IS CLASSIFIED AS: 

401 

Residential 

PRIOR YEAR'S CLASSIFICATION IF DIFFERENT: 

401 

Residential 

CURRENT 

CHANGE FROM 

PRIOR AMOUNT 

TENTATIVE AMOUNT 

PRIOR YEAR TO 

YEAR: 

2024 

YEAR: 

2025 

CURRENT YEAR 

1. TAXABLE VALUE: 

128,522 

242,900 

114,378 

2. ASSESSED VALUE: 

214,400 

242,900 

28,500 

3. TENTATIVE EQUALIZATION FACTOR: 

1.000 

4. STATE EQUALIZED VALUE (SEV): 

214,400 

242,900 

28,500 

5. There WAS or WAS NOT a transfer of ownership on this property in2024 

WAS 

6. Assessor Change Reason(s): 

Market Adjustment 

The 2025 Inflation rate Multiplier is: 1.031 

Questions regarding the Notice of Assessment, Taxable Valuation, and Property Classification may be directed to the Following: 

Name: 

Phone: 

Email Address: 

TYLER WOLFE 

616-395-0236 

TYLERW@HCT.HOLLAND.MI.US 

March Board of Review Appeal Information. The Board of Review will meet at the following dates and times: 

2025 MARCH BOARD OF REVIEW WILL MEET ON MON. MARCH 10TH, 2025 FROM 9AM-12PM AND 1PM-4PM; WED. MARCH 

12TH, 2025 FROM 2PM-5PM AND 6PM-9PM. 

PLEASE CALL (616)395-0236 OR E-MAIL TYLERW@HCT.HOLLAND.MI.US TO 

MAKE AN APPOINTMENT OR WITH ANY QUESTIONS. 

*APPEALS IN WRITING, WILL BE ACCEPTED UNTIL MARCH 11TH, 2025 - POSTMARK NOT ACCEPTED. 

PLEASE PROVIDE SUPPORTING DOCUMENTATION OF YOUR APPEAL TO OUR MARCH BOARD OF REVIEW.

Page 31

EXHIBIT 7

EXHIBIT 7

Page 32

Phelps v. Courtland Twp., 2017 WL 2634774 (2017)

 © 2025 Thomson Reuters. No claim to original U.S. Government Works.

1

2017 WL 2634774 (Mich. Tax Tribunal)

Michigan Tax Tribunal

Department of Energy, Labor and Economic Growth

State of Michigan

AARON M PHELPS, PETITIONER

v.

COURTLAND TOWNSHIP, RESPONDENT

MTT Docket No. 16-002057

May 2, 2017

ORDER DENYING RESPONDENT'S MOTION FOR SUMMARY DISPOSITION ORDER GRANTING

PETITIONER'S MOTION FOR SUMMARY DISPOSITION FINAL OPINION AND JUDGMENT

*1 The Tribunal issued a proposed order denying Respondent's motion for summary disposition and granting Petitioner's

motion for summary disposition (“POJ”) on March 27, 2017. 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 and made specific findings of fact and

conclusions of law. The ALJ's determination is supported by the testimony and evidence and applicable statutory and case law.

Given the above, the Tribunal adopts the POJ as the Tribunal's final decision in this case. 1 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:

The property's TV, as established by the Board of Review for the tax year at issue, is:

Parcel Number: 41-07-09-400-001

Year

 

TV

 

2016

 

$60,326

 

The property's final TV for the tax year at issue, as determined by the Tribunal, is:

Parcel Number: 41-07-09-400-001

Year

 

TV

 

2016

 

$35,824

 

IT IS SO ORDERED.

Page 33

Phelps v. Courtland Twp., 2017 WL 2634774 (2017)

 © 2025 Thomson Reuters. No claim to original U.S. Government Works.

2

IT IS FURTHER ORDERED that Respondent's Motion for Summary Disposition is DENIED.

IT IS FURTHER ORDERED that Petitioner's Motion for Summary Disposition is GRANTED.

IT IS FURTHER ORDERED that Petitioner is NOT entitled to a refund of the property's ad valorem taxes paid for the 2016

tax year.

IT IS FURTHER ORDERED that the officer charged with maintaining the assessment rolls for the tax year at issue shall correct

or cause the assessment rolls to be corrected to reflect the property's qualified agricultural exemption as provided in this Final

Opinion and Judgment within 20 days of entry of this Final Opinion and Judgment.

This Final Opinion and Judgment resolves the last pending claim 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 reconsideration must be filed with the required filing fee within 21 days from the date of entry of the final

decision. 2 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 exemption and, if so, there is no filing fee. 3 A copy of the motion must be served 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. 4 Responses to motions for reconsideration are prohibited and there are no oral arguments unless

otherwise ordered by the Tribunal. 5

*2 A claim of appeal must be filed with the appropriate filing fee. If the claim is filed within 21 days of the entry of the

final decision, it is an ““appeal by right.” If the claim is filed more than 21 days after the entry of the final decision, it is an

“appeal by leave.” 6 A copy of the claim must be filed with the Tribunal with the filing fee required for certification of the

record on appeal. 7 The fee for certification is $100.00 in both the Entire Tribunal and the Small Claims Division, unless no

Small Claims fee is required. 8

Steven H. Lasher

Tribunal Judge Presiding

ORDER GRANTING MICHIGAN FARM BUREAU'S MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF

 

PROPOSED ORDER DENYING RESPONDENT'S MOTION FOR SUMMARY DISPOSITION

 

PROPOSED ORDER GRANTING PETITIONER'S MOTION FOR SUMMARY DISPOSITION

Page 34

Phelps v. Courtland Twp., 2017 WL 2634774 (2017)

 © 2025 Thomson Reuters. No claim to original U.S. Government Works.

3

On January 18, 2017, Respondent filed a Motion requesting that the Tribunal render summary disposition in its favor pursuant

to MCL 2.116(C)(10), as “there is no disputed issue fact and the Township is entitled to judgment as a matter of law.” In the

Motion, Respondent contends that:

1. “This case involves the ‘resetting’ [i.e., recapping] provisions of MCL 211.27a(8) for qualified agricultural property. The

statute imposes the following requirement for ‘resetting’: ‘The qualified agricultural property was qualified agricultural property

for taxes levied in 1999 and each year after 1999.’ [Emphasis in the original.] The prior property owners had never claimed

the qualified agricultural property exemption Rom 18 mill local school operating millage afforded by MCL 211.7eeprior to

2011. Nevertheless, Petitioner claims that the taxable value of the property should be ‘reset’ if the property had been used

in a manner that would have satisfied the definition of ‘qualified agricultural property’ for 1999 and every year since 1999,

regardless of whether the prior property owners had actually claimed the qualified agricultural exemption.” [Emphasis added.]

2. “The issue presented by this motion is a purely legal question: To qualify for ‘resetting’ under qualifying agricultural property,

must all previous property owners have actually claimed the qualified agricultural exemption from local school operating taxes

for 1999 and each year thereafter? If so, judgment must be entered in favor of the Township. If not, then this Tribunal must

conduct an evidentiary hearing to determine whether the property was actually being used in such a manner that it would have

qualified for each and every year between 1999 and 2010.”

3. “Since 1999, the property has had four owners, including Mr. and Mrs. Phelps.”

4. “The taxable value was ‘uncapped’ by virtue of the 2002 transfer to Kleinheksel. No uncapping occurred by virtue of the

2008 transfer from Kleinheksel to MBK Holding, LLC, because that entity claimed the exemption for transfers between entities

under common control or members of an affiliated group .... Had the 2002 uncapping event not occurred, the 2016 taxable

value would have been $35,824, which is what Mr. Phelps claims it should be ... [[Emphasis added.]

5. “With respect to exemption from the local school operating millage, the property was subject to a principal residence

exemption from 1999 through 2003. Neither a PRE nor a qualified agricultural exemption was claimed from 2003

through 2010. For the first time, MBK Holdings claimed a 100% qualified agricultural property exemption in 2011.”

[Emphasis added.]

6. “Petitioner Aaron Phelps and his wife, Elizabeth Phelps, purchased the subject property on or about March 11, 2016 .... The

Phelps executed and recorded an ‘Affidavit Attesting that Qualified Agricultural Property Shall Remain Qualified Agricultural

Property,’ Treasury Form 3676, on or about March 16, 2016 .... It is the Township's intention to accept that affidavit, such that

the 2016 taxable value of $60,326 will not become uncapped by virtue of the sale from MBK Holdings, LLC to the Phelps, and

the 2017 taxable value will increase only by the lesser of the increase in the general price level or 5% ....

7. “By letter dated March 29, 2016 ... Mr. Phelps asserted that the 2017 taxable value should be calculated as if there had been

no transfer of ownership since 1999. Following consultation with the Township attorney and the State Tax Commission, it

was determined that MCL 211.27a(8) requires that the property had actually been receiving a qualified agricultural exemption

for 1999 and every year since 1999, Accordingly, the assessor informed Mr. Phelps on May 4, 2016, that although the 2017

taxable value would not be uncapped by virtue of the 2016 transfer, the 2017 taxable value would not be reset pursuant to MCL

211.27a(8). Mr. Phelps fried this appeal within 35 days of that notification.”

8. “Courtland Township's position is that the resetting provisions of MCL 211.27a(8) are available only if the subject property

had actually been receiving the qualified agricultural exemption from local school operating taxes for 1999 and for each year

thereafter. [Emphasis in the original.] It is not sufficient that the property could have met the definition of qualified agricultural

property and may have been eligible for such an exemption. [[Emphasis in the original.] The only potential factual issue

with respect to that legal question is whether the subject property was or was not receiving the qualified agricultural property

exemption from local school operating taxes for each of the years from and including 1999. Whether the property was used in

such a manner that it could have qualified for such an exemption is irrelevant for purposes of this motion.”

Page 35

Phelps v. Courtland Twp., 2017 WL 2634774 (2017)

 © 2025 Thomson Reuters. No claim to original U.S. Government Works.

4

9. “That the property at issue had never received the qualified agricultural exemption from the local school operating millage

prior to 2011 is supported by the assessor's affidavit ... and we doubt that there will be any opposition to that. Therefore,

the Township will have satisfied its burden of providing documentary evidence that there is no disputed issue of fact, and the

Township is entitled to summary disposition as a matter of law.” [Emphasis added.]

10. “Act 260 was initiated by Senate Bill 709. Substitute Senate Bill 709, passed by the Senate on October 12, 1999, included

an exemption from uncapping for transfers of qualified agricultural property, with language similar to that ultimately adopted,

but did not include the provision for resetting taxable value. The resetting provisions of subsections (8) and (9) were added by

a substitute House version of Senate Bill 709 reflecting the recommendation by the House Committee on Agriculture Resource

Management, passed by the House on June 7, 2000, and concurred by the Senate on June 8, 2000. The Legislative Analysis of

the House substitute reflects a deliberate inclusion of the language ‘for taxes levied’ as one of the requirements for resetting ....

[Emphasis added.] 1

11. “Claiming the exemption for qualified agricultural property ‘for taxes levied’ requires either that the property be classified

as agricultural for equalization purposes, or that the owner file an affidavit claiming the exemption.” 2 [Emphasis added,]

12. “Here it is undisputed that this property was classified as either residential vacant or residential improved every year from

1999 through 2016.” [[Emphasis added.]

13. “If the property is not classified as agricultural, the property owners must file an affidavit claiming the exemption (Treasury

Form 2599) and the owners of this property never did so until the 2011 tax year.” [Emphasis added.]

14. “For purposes of the exemption, ‘qualified agricultural property’ is defined by MCL 211.7dd(d). The determination of

whether property meets this definition depends on the nature of agricultural use, and the extent of property put to that use. For

purposes of this motion, however, it is irrelevant whether the Phelps parcel met the definition of ‘qualified agricultural property’

because it was not receiving the exemption from local school operating taxes prior to 2011.”

15. “Applying this principle here: The phrase ‘for taxes levied’ has no meaning unless it means that the property was actually

receiving the qualified agricultural exemption from local school operating taxes. 3 The construction urged by Mr. Phelps would

rewrite this requirement to read: ‘The qualified agricultural property was qualified agricultural property in 1999 and each year

after 1999,’ thus ignoring and rendering the phrase ‘for taxes levied’ meaningless and surplusage.” [Emphasis added.]

16. “The phraseology of MCL 211.27a(o) does not require that qualified agricultural property be receiving the qualified

agricultural exemption ‘for taxes levied’ in the year of the transfer, or for any particular time, in order to take advantage of

the exemption from uncapping for the year following transfer of such property. In contrast, the provisions for resetting do

specifically require that the property was qualified agricultural property ‘for taxes levied’ in 1999 and each year thereafter. 4

[Emphasis in the original,] This difference reflects a deliberate decision by the legislature that it was not necessary that property

be receiving the qualified agricultural exemption ‘for taxes levied’ in order to claim the uncapping exemption, but that it was

necessary that the property be receiving the exemption to qualify for resetting of the taxable value.”

17. “The uncapping and resetting provisions for agricultural property were drafted in recognition of the need for practical and

effective administration of the law, as well illustrated by this case. The determination of whether property meets the definition of

‘qualified agricultural property’ is a fact based determination requiring first an analysis of whether at least 50% of the property is

devoted to any of the various ‘agricultural uses' defined in MCL 324.36101(b). In addition, property, or portions of the property,

used for commercial storage, processing, distribution, marketing, shipping or other commercial or industrial purposes do not

qualify, so that needs to be determined. Moreover, in the case of a property which includes a residence, a determination must be

made whether that residence is ‘occupied by a person employed in or actively involved in the agricultural use ....’ MCL211.7dd.”

Page 36

Phelps v. Courtland Twp., 2017 WL 2634774 (2017)

 © 2025 Thomson Reuters. No claim to original U.S. Government Works.

5

18. “If Mr. Phelps' position is correct, and satisfying the definition of “qualified agricultural property' is sufficient regardless

of whether the exemption is granted, the local assessor and this Tribunal are faced with the daunting task of taking evidence

to determine whether a property met the definition of qualified agricultural property 18 years ago, in 1999. If so, did it meet it

again in 2000? If so, did it meet it in 2001? And so on for each and every year thereafter ....”

19. “To address this, the Legislature required that the property had actually received the qualified agricultural property exemption

for property taxes for 1999 and each year thereafter. This can be easily verified from the historical assessment records. This

requirement dovetails with provisions of the General Property Tax Act which allow for challenging the classification of property

for equalization purposes (MCL 211.3 4c( 16)), and for testing whether or not the property is truly qualified agricultural property

(MCL 211.7ee(4)-(8)) on an annual basis when the facts are more easily determined, not 18 or more years later.”

20. “In contrast, the requirement that the property had been receiving the qualified property tax exemption in the year of transfer

is not included in the uncapping exemption in MCL 211.27a(7)(o) because the assessor need only to evaluate the use of the

property during, at most, the prior 12 months. Thus, a record of receiving the exemption is not nearly so important”

21. “The legislative design acknowledges the incentive for property owners to claim the qualified agricultural property tax

exemption, if it is available to them. A property owner might deliberately choose not to take advantage of the uncapping

provisions of MCL 211.27a(7)(o) if unsure of the future use of the property and desiring to avoid the agricultural property

recapture tax. However, there is no ‘claw back’ of the local school operating millage if the status of a qualified agricultural

property for exemption purposes changes from year to year, and so there is no disincentive to claiming the qualified agricultural

property tax exemption.”

22. “The [Red Arrow Diary] 5 decision does not indicate whether the properties had achieved ... [the qualified agricultural

property] status by virtue of classification as agricultural property or the filing of an exemption affidavit. Rather, it was simply

accepted as true that the property was qualified agricultural property ‘for taxes levied in 1999 and for each year after 1999.” 6

23. “Bulletins issued by the State Tax Commission also do not directly address the issue of whether a subject property must

have been receiving the qualified agricultural exemption from local school operating taxes in order to be eligible for resetting,

and only considered that question in the context of uncapping pursuant to MCL 211.27a(7)(o). See Bulletin No. 7 of 2006,

Transfers of Qualified Agricultural Property (August 29, 2006). However, the position taken by Courtland Township here is

consistent with staff advice from Timothy Schnelle of the State Tax Commission dated May 3, 2016, and attached to petitioner's

own [petition] 7 .... Mr. Schnelle pointed out that the Red Arrow Dairy case involved a situation in which the property had

admittedly been receiving a qualified agricultural exemption since 1999, unlike the Phelps situation. In addition, he set forth the

department's position that ‘we interpret the statute as requiring actual qualified ag designation since 1999 ....’ With respect to

this, Mr. Schnelle further noted: ‘How can one determine the amount of tilled acreage and the relative values of the residential

and agricultural uses going back 18 years?”’

24. “Mr. Phelps cannot be heard now to complain that the property should have been included in one of the agricultural

classifications in previous years. Each year, a property owner has the opportunity to dispute the classification of a parcel, with a

right to appeal to the State Tax Commission, MCL 211.34c(6). In addition, a property owner may claim the qualified agricultural

exemption by filing the required affidavit claiming the exemption, without seeking to change the classification. In 1999 through

2002, the Squires were claiming a principal residence ... exemption for this property, so perhaps they did not see any necessity

for challenging their classification or claiming exemption as a qualified agricultural property. But it is inexplicable why the

Kleinheksels and their related company, MBK Holdings, never sought to claim the qualified agricultural exemption from 2003

through 2010 if they were entitled to it.”

25. “Mr. Phelps also may not [be] heard to complain that the outcome here is unfair, or that the Tribunal should exercise powers

of equity to ‘treat as done that which should have been done.’ This Tribunal and the Michigan Appellate Courts have made

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[it] absolutely clear that the Tribunal does not have powers of equity. See Electronic Data Systems Corp v Flint Township, 253

Mich App 538, 548[; 656 NW2d 215] (2002)....”

On February 8, 2017, Petitioner filed a Response to Respondent's Motion and a Cross-Motion for Summary Disposition pursuant

to MCR 2.116(C)(10). In the Response and the Cross- Motion, Petitioner contends that:

1. “This case concerns 60 contiguous acres of farmland .... [that] has continuously been ‘qualified agricultural property.’ In 2002,

the owner of the Farm (who had owned it for over twenty-three years) sold it. Although the 2002 purchaser continued to farm the

property as it had been farmed before, he never filed the Form 3676 Affidavit, resulting in the uncapping of the taxable value.”

2. “In 2016, Petitioner purchased the Farm and promptly filed Form 3676, attesting that the Farm shall remain qualified

agricultural property. Petitioner also requested that the Courtland Township Assessor revise the taxable value of the Farm to the

value it would have had [had] no transfer occurred in [2003], pursuant to MCL 211.27a(8).”

3. “Petitioner has strictly complied with the recapping requirements established by MCL 211.27a(8): the Farm has and continues

to meet the statutory definition of qualified agricultural property, and Petitioner has filed an affidavit attesting to continue using

the Farm for qualified agricultural purposes. Therefore, Petitioner, not Respondent, is entitled to summary disposition and the

Farm's taxable value should be re-capped.”

4. “The statute does not mention, much less require, exemption from local school operating taxes (a matter wholly unrelated

to taxable value) in order to re-cap. Rather, the statute requires only that the property be ‘qualified agricultural property/ that is

[sic] property ‘devoted primarily to agricultural use.’ The Farm is, and has been, ‘qualified agricultural property.”' 8

5. “The law ... provides that a transfer of qualified agricultural property does not constitute a “transfer of ownership' if the

transferee files an affidavit with the local tax assessor and the register of deeds, attesting that the qualified agricultural property

will remain qualified agricultural property. MCL 211.27a(o) .... However, for a variety of reasons (including simple ignorance),

property owners do not always file Form 3676, resulting in the uncapping of taxable values. The Legislature addressed this

situation in MCL 211.27a(8) by requiring assessors to ‘revise’ the current year's taxable value to the value of the property ‘would

have had if there had been no transfer of ownership ... since December 31, 1999 ....’ MCL 211.27a(8). The only requirements

for recapping a property's taxable value are that the property (1) has been ‘qualified agricultural property’ without interruption

since 1999, and (2) that the owner files an affidavit with the local assessor pursuant to MCL 211.27a(o).”

6. “Allowing the current owner to adjust the property's taxable value through this process facilitates the statute's purpose of

easing tax burdens on farmers, thereby promoting the continued use of land for agricultural purposes. 2000 Leg. Analysis.

Without such a provision, farmers in Petitioner's position, who have acquired agricultural land and intend to continue to use the

land for agricultural purposes, would be stuck paying taxes on an inflated taxable value relative to other farmland.”

7. “Petitioner has submitted his own affidavit, as well as affidavits from the Farm's prior owner (and deceased owner's daughter)

attesting to ... [the] fact [[of the property's agricultural use]. See Exhibits A-C. The Township has no contrary evidence.

Therefore, the fact that the Farm is (and has been) “qualified agricultural property' is undisputed.”

8. “MCL 211,27a(8) makes no mention of 211.7ee at all, much less incorporates by reference its exemption procedure, and the

Township has no authority to impose additional requirements not authorized by the Legislature.” 9

9. “The statute is clear; all that is required is that the property be “qualified agricultural property.' The Legislature defined

qualified agricultural property as property devoted primarily to agricultural use. [[Emphasis in the original.] The key word

is ‘devoted.’ It only matters how the property has been used, not whether an exemption from school taxes was granted by the

Township. [Emphasis in the original.] The Township's position re-writes the law. Not only would a Form 2599 exemption have

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to be requested since 1999, but the Township would have to approve it. No such obstacle was interposed by the Legislation

and none can now be demanded by the Township.” 10

10. ... the 2016 taxable value should have been $35,824, which in turn should have reduced the 2016 summer tax bill, which

was unpaid when the recapping was requested. Consequently, Petitioner is now owed a partial refund for summer and winter

2016 taxes.”

On February 17, 2017, Respondent filed a Response to Petitioner's Motion, In the Response, Respondent contends that:

1. “Petitioner did not contest that the property had not been receiving the qualified agricultural exemption from property taxes

for 1999 and each year thereafter. Rather, Petitioner takes the position that such exemption is not a prerequisite to resetting.”

2. “Considering the difficulty, expense, and burden on staff, the Township does not intend to contest the Affidavits filed by

Petitioner. Indeed, such burden on the taxing unit is the reason why the resetting statute requires confirmation of agricultural

use by reference to the easily verifiable fact of whether the property had been receiving the qualified agricultural exemption

for 1999 and each year thereafter.”

3. “The Township's position is that the actual use of the property is irrelevant, and that the Petitioner is not eligible for resetting

unless the property had been receiving the qualified agricultural exemption from local school operating taxes for 1999 and every

single year thereafter. Indisputably it was not.”

On February 27, 2017, the Michigan Farm Bureau (“Farm Bureau”) filed a Motion requesting that the Tribunal permit it to

file an Amicus Curiae brief in support of Petitioner. In the Motion, the Farm Bureau contends that “... [the] Farm Bureau has

determined that resolution of the legal issue in this case will significantly impact the owners of farmland throughout the state”

and “... [the] Amicus Brief ... offers additional analysis and different perspectives on the legal issue and that the Brief will aid

the Tribunal in reviewing the pending motions.”

The Tribunal has reviewed the Motions, the Responses, and the case file and finds the resolution of the legal issue may, in

fact, “significantly impact the owners of farmland throughout the state” and that the amicus brief, although unnecessary, does

provide some marginal assistance in resolving that issue. 11 As a result, the Farm Bureau has shown good cause to justify the

granting of its Motion.

With respect to the parties' motions, there is no specific Tribunal rule governing motions for summary disposition. Nevertheless,

the Tribunal is bound to follow the Michigan Rules of Court in rendering a decision on such motions. 12 In that regard, a motion

filed under MCR 2.116(C)(10) tests the factual support for Petitioner's claim based upon the Tribunal's consideration of all

pleadings, affidavits, depositions, admissions, and any other documentary evidence submitted by the parties “in the light most

favorable to the party opposing the motion.” 13 Further, the Tribunal may only grant such motions if the parties' submissions

show that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. 14

If it is, however, determined that an asserted claim can be supported by evidence at trial, the motion under (C)(10) must be

denied. 15 The moving party bears the initial burden of supporting its position by presenting its documentary evidence for the

court to consider. The burden then shifts to the opposing party to establish that a genuine issue of disputed fact exists. 16 Where

the burden of proof at trial on a dispositive issue rests on a non-moving party, the non-moving party may not rely on mere

allegations or denials in pleadings but must go beyond the pleadings to set forth specific facts showing that a genuine issue

of material fact exists. 17 If the opposing party fails to present documentary evidence establishing the existence of a material

factual dispute, the motion is properly granted. 18

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Here, Respondent contends that the property is not entitled to have its taxable value “reset” because the property had not “actually

been receiving the qualified agricultural exemption from local school operating taxes for 1999 and for each year thereafter.” In

support of its argument, Respondent indicates that the resetting of the taxable value would render the phrase “for taxes levied”

meaningless contrary to principles of statutory construction. 19 More specifically, Respondent is asking the Tribunal to interpret

that phrase so as to limit the “resetting” to properties that have annually received qualified agricultural exemptions only. 20

Although the applicable statutes are not strictly tax exemption statutes, they do provide for an exception to full taxation. As

such, they are sufficiently similar to exemption statutes so as to require that they be “strictly construed in favor of the taxing

authority.” 21 That does not, however, mean that the Tribunal “should give a strained construction which is adverse to the

Legislature's intent.” Nevertheless, the term or, more appropriately, phrase ““for the taxes levied” is not, unfortunately, defined

and, as a result, the Tribunal is required to interpret that phrase to “glean the Legislature's intent.” 22 Any such interpretation

does, however, begin with a review of the plain language of the statutes at issue. 23 In that regard, MCL 211.27a(7) provides,

in pertinent part:

Transfer of ownership does not include the following:

(0) ... a transfer of qualified agricultural property, if the person to whom the qualified agricultural property is transferred files

an affidavit with the assessor of the local tax collecting unit in which the qualified agricultural property is located and with the

register of deeds for the county in which the qualified agricultural property is located attesting that the qualified agricultural

property will remain qualified agricultural property .... If property ceases to be qualified agricultural property at any time after

a transfer subject to this subdivision, all of the following shall occur:

(i) The taxable value of that property ... shall be adjusted under subsection (3) as of the December 31 in the year that the

property ... ceases to be qualified agricultural property ....

[Emphasis added.]

The phrase “for taxes levied” is not contained in this portion of the statutory scheme relating to transfers of qualified agricultural

property (i.e., uncapping) and said omission is considered “intentional.” 24 There is also no requirement that the property have

a qualified agricultural exemption. Rather, the statute merely requires the property to be “qualified agricultural property” and

indicates that said status can “cease” at any time, which is consistent with the requirements for the granting and rescission of

a qualified agricultural exemption. 25

As for the recapping portion, MCL 211,27a(8) provides, in pertinent part:

If all of the following conditions are satisfied, the local tax collecting unit shall revise the taxable value of qualified agricultural

property taxable on the tax roll in the possession of that local tax collecting unit to the taxable value that qualified agricultural

property would have had if there had been no transfer of ownership of that qualified agricultural property since December

31, 1999 and there had been no adjustment of that qualified agricultural property's taxable value under subsection (3) since

December 31, 1999:

(a) The qualified agricultural property was qualified agricultural property for taxes levied in 1999 and each year after 1999.

(b) The owner of the qualified agricultural property files an affidavit with the assessor of the local tax collecting unit under

subsection (7)(o).

[Emphasis added.]

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Although the phrase “for tax levied” is contained in this portion of the statutory scheme, the statute does not specifically require

that the property had to have had a qualified agricultural exemption for the 1999 tax year and each year after 1999. Rather, the

plain language of the statute requires the property to have been qualified agricultural property during that time period, which

is consistent with Petitioner's offered interpretation of that phrase. More specifically, the disputed phrase is one that is, in fact,

commonly used in the General Property Tax Act to denote the effective date of particular statutory provisions (i.e., “[f]or taxes

levied after December 31, 2002,” etc.) 26 and the Tribunal has a responsibility to read the contested portion of the statute in

relation to the Act so as to ensure that the statutory provisions “work in mutual agreement.” 27 Additionally, said phraseology

seems to have acquired a particular meaning in the Act and should be construed accordingly. 28

As for Respondent's reliance on the bill analysis prepared by the House Legislative Analysis Section in support of the “deliberate

inclusion” of the phrase, said reliance is misplaced, as the Michigan Court of Appeals has stated that “staff prepared legislative

analysis does not ‘summarize the intentions of those who have been designated by the Constitution to be participants in

this legislative process' and therefore ‘should be accorded very little significance by courts when construing a statute.”' 29

Nevertheless, it is clear that the object of the statute and the harm it was designed to remedy related to the continuation of

farmland with a remedy, albeit punitive in nature, providing for a recapture of taxes should the property no longer be primarily

devoted to agricultural use. 30 In that regard, the amendment adding the language at issue did not become effective until March

28, 2001.

As for the definition of “qualified agricultural property,” MCL 211.27a(11)(t) provides “[q]ualified agricultural property” means

that term as defined in section 7dd” and MCL 211.7dd(d) provides, in pertinent part:

“Qualified agricultural property” means unoccupied property and related buildings classified as agricultural, or other

unoccupied property and related buildings located on that property devoted primarily to agricultural use as defined in

section 36101 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.36101. Related buildings

include a residence occupied by a person employed in or actively involved in the agricultural use and who has not claimed a

principal residence exemption on other property .... Property used for commercial storage, commercial processing, commercial

distribution, commercial marketing, or commercial shipping operations or other commercial or industrial purposes is not

qualified agricultural property. A parcel of property is devoted primarily to agricultural use only if more than 50% of

the parcel's acreage is devoted to agricultural use. An owner shall not receive an exemption for that portion of the total

state equalized valuation of the property that is used for a commercial or industrial purpose or that is a residence that is not

a related building ....

[Emphasis added.] 31

The phrase “for taxes levied” is not in the statutory definition of “qualified agricultural property” and the provision does not

condition the status of property as qualified agricultural property based on the issuance of a qualified agricultural exemption.

Rather, the definition requires the property to either be classified as agricultural property or that the property be primarily

devoted to agricultural use.

Given the above, Respondent's contention that the Legislature included the phrase “for tax levied” as an indication that the

issuance of a qualified agricultural exemption was a prerequisite to recapping is strained at best and “courts may not read into

the statute a requirement that the Legislature has seen fit to omit.” 32 Although Respondent's contention relative to the efficient

administration of the said recapping has some merit, said administration does not justify the imposition of a requirement not

provided by law. 33 Further, any difficulty in said administration is alleviated by the burden that an owner or, more appropriately,

transferee would have in establishing that the property was qualified agricultural property for taxes levied in 1999 and each

year after by a preponderance of evidence, which in this case has been established by the submission of Petitioner's affidavits

and Respondent's failure to contest those affidavits.

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Said determination is consistent with a prior decision rendered by the Tribunal. 34 More specifically, the Tribunal specifically

found in that case that “[p]roof that the subject property is qualified agricultural property and a Form 3676 affidavit attesting to

the property's continued use of qualified agricultural property is all that section 8 requires.” 35 Although Respondent contends

that the Tribunal did not in that case consider the question at issue in this case (i.e., whether the property was required to have been

receiving a qualified agricultural exemption) given that it was undisputed that the property was qualified agricultural property,

said contention is without merit, as the question was specifically addressed as the Tribunal did not find or otherwise hold that

the property was also required to have received a qualified agricultural exemption to be entitled to recapping. Additionally,

Respondent's reliance on statements made by a representative of the Michigan State Tax Commission (“STC”) is also misplaced

because those statements are unsupported and “the tribunal is the final agency for the administration of property tax laws.” 36

“When the Legislature fails to address a concern in the statute with a specific provision, the courts cannot insert a provision

simply because it would have been wise of the Legislature to do so to effect the statute's purpose.” Mich Basic Prop Ins Ass'n,

[supra]... at [p] 560 ....

Finally or, more importantly, the Tribunal finds that there is no genuine issue of material fact with respect to the status of the

property as qualified agricultural property for the 1999 tax year and each after 1999 and that Petitioner is entitled to summary

judgment as a matter of law. More specifically, the submitted documents establish that the property was qualified agricultural

property during that time period and, as a result, was, based on the filing of Petitioner's March 16, 2016 affidavit, entitled to a

recapping or recalculation (i.e., resetting) of the property's taxable value for the 2016 tax year as if there had been no transfer

since 1999 in the amount indicated herein. 37 Petitioner is not, however, entitled to a refund of the taxes paid for the 2016 tax

year, as the property's taxable value is being proposed for “adjustment under subsection (8)” by this decision, which is occurring

after the collection or payment of taxes for that tax year. 38 Therefore,

IT IS ORDERED that the Michigan Farm Bureau's Motion for Leave to File Amicus Curiae Brief is GRANTED.

IT IS FURTHER ORDERED that Respondent's Motion for Summary Disposition is DENIED.

IT IS FURTHER ORDERED that Petitioner's Motion for Summary Disposition is GRANTED.

IT IS FURTHER ORDERED that the property's taxable value (TV) for the tax year at issue is as follows:

Parcel Number: 41-07-09-400-001

Year

 

TV

 

2016

 

$35,824

 

IT IS FURTHER ORDERED that Petitioner is NOT ENTITLED to a refund of the property's ad valorem taxes paid for the

2016 tax year.

 

JUDGMENT

This is a proposed decision (“POJ”) prepared by the Michigan Administrative Hearings System. It is not a final decision. As

such, no action should be taken based on this decision. In that regard, the Tribunal will, after the expiration of the time period

for the opposing party to file a response to exceptions, will review the case file, including the POJ and all exceptions and

responses, if any, and: 39

a. Issue a Final Opinion and Judgment (FOJ) adopting the POJ as the final decision.

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b. Issue an FOJ modifying the POJ and adopting the Modified POJ as the final decision.

c. Issue an Order vacating the POJ and ordering a rehearing or such other action as is necessary and appropriate.

 

EXCEPTIONS

The 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, that they do not agree with the POJ and to state in writing why they do not agree with the POJ (i.e., exceptions).

Exceptions are limited to the evidence submitted with the Motion, the Response, and any matter addressed in the POJ. There

is no fee for filing exceptions and the opposing party has 14 days from the date the exceptions were mailed to or electronically

served on that party (i.e., email), if the parties agree to service by email, to file a written response to the exceptions. 40

Exceptions and responses filed by e-mail or facsimile will not be considered in the rendering of the Final Opinion and Judgment.

A copy of a party's written exceptions or response must be sent to the opposing party by mail or email, if email service is

agreed upon by the parties, and proof must be submitted to the Tribunal demonstrating that the exceptions or response were

served on the opposing party.

Peter M. Kopke

Administrative Law Judge Presiding

March 27, 2017

Footnotes

1

See MCL 205.726.

2

See TTR 261 and 257.

3

See TTR 217 and 267.

4

See TTR 261 and 225.

5

See TTR 261 and 257.

6

See MCL 205.753 and MCR 7.204.

7

See TTR 213.

8

See TTR 217 and 267.

1

See the House Legislative Analysis Section, Addendum to Senate Fiscal Agency Analysis of SB 09 Dated 1-10-00, (May

24, 2000).

2

See MCL 211.7ee(2) and (4).

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3

Respondent cites Aroma Wines & Equipment, Inc v Columbian Distribution Services, Inc, 497 Mich 337, 345-56; 871

NW2d 136 (2015) in support of the ““principle” relied upon. Respondent also cites People v Miller, 498 Mich 886; 869

NW2d 606 (2015), Kincaid v City of Flint, 311 Mich App 76; 874 NW2d 193 (2015), Harbor Watch Condominium Ass

A v Emmet County Treasurer, 308 Mich App 380; 863 NW2d 745 (2014), and Robertson v DaimlerChryselr Corp, 465

Mich 732, 748: 641 NW2d 567 (2002).

4

Respondent cites Tyler v Livonia Public Schools, 220 Mich App 697, 701; 561 NW2d 390, 392 (1996), affd, 459 Mich

382; 590 NW2d 560 (1999) for the proposition that “phraseological distinctions in the subparagraphs of a statutory

section presumably reflect a legislative intent to treat some things differently.” Respondent also cites People v Carruthers,

301 Mich App 590, 604; 837 NW2d 16 (2003) and United States Fidelity and Guarantee Co v Michigan Catastrophic

Claims Ass'n (On Rehearing), 484 Mich 1, 14; 795 NW2d 101 (2009).

5

See the Order granting Petitioner's Motion for Summary Disposition issued by the Tribunal in Red Arrow Daity LLC v

Hartford Twp on November 30,2007 (MTT Docket No. 320205).

6

The parties stipulated that the properties at issue were qualified agricultural property for taxes levied in 1999 and for each

year after 1999. Respondent also indicates that the decision in Lyle Schmidt Farms, LLC v Mendon Twp, 315 Mich App

824; NW2d (2016) also has no applicability as “the opinion specifically noted there was no dispute that the properties

were qualified agricultural properties.”

7

Although Respondent uses the word “complaint,” the only pleadings filed in the Tribunal are petitions and answers.

See TTR 221(1).

8

Petitioner cites Keyzer v Christian Rest Home Ass'n 32 Mich App 286, 288; 188 NW2d 672 (1971) for the proposition

that “[i]t is not for the court [[or, in the instant case, the Tribunal] to add language to a clear and explicit statute.”

Petitioner also cited Kirkaldy v Rim MD, et al, 478 Mich 581, 587; 734 NW2d 201 (2007), F. M. Sibley Lumber Co v

Dep't of Revenue, 311 Mich 654, 660; 19 NW2d 132 (1945).

9

Petitioner cites Davidson v Bugbee, 227 Mich App 264, 267; 575 NW2d 574 (1977) (citing Johnson v. Marks, et al,

224 Mich App 356, 358; 568 NW2d 689 (1997)) for the proposition that “[i]n construing a statute ... omissions in the

language are deemed to be intentional.”

10

Petitioner cites Eldenbrady v City of Albion, 294 Mich App 251,254; 816 NW2d 449 (2011) for the proposition that

“[t]he words contained in the statute provide ... the most reliable evidence of the Legislature's intent” and Pohidski v City

of Allen Park, 465 Mich 675, 638; 641 NW2d 219 (2002) for the proposition “[w]here the language is unambiguous,

‘we presume that the Legislature intended the meaning, looking outside the statute to ascertain the Legislature's intent

only if the statutory language is ambiguous.”

11

See TTR 223(7).

12

See TTR 261 and 215.

13

See Maiden v Rozwood, 461 Mich 109, 120; 597 NW2d 187 (1999) and Quinto v Cross and Peters Co, 451 Mich 358,

362; 547 NW2d 314 (1996).

14

See Smith v Globe Life Insurance Co, 460 Mich 446,454-5; 597 NW2d 28 (1999) and Quinto, supra at 362.

15

See Arbelius v Poletti, 188 Mich App 14, 18; 469 NW2d 436 (1991).

16

See Neubacher v Globe Furniture Rentals, Inc, 205 Mich App 418,420; 522 NW2d 335 (1994).

17

See McCart v J Walter Thompson USA, Inc, 437 Mich 109, 115; 469 NW2d 284 (1991).

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18

See McCormic v Auto Club Ins Ass'n, 202 Mich App 233,237; 507 NW2d 741 (1993).

19

See MCL 211.27a(8)(a).

20

Although Respondent makes this argument, it does recognize that the property received a qualified agricultural

exemption beginning in 2011. In that regard, there is some question as to why the property was receiving a principal

residence exemption (“PRE”) from 1999 to 2003 that is not addressed by Petitioner's affidavits, as those affidavits merely

indicate that the property was “primarily devoted” to agricultural uses during those years and from 2004 to 2010. The

fact that Respondent did, however, grant the property a qualified agricultural exemption of 100% beginning in 2011

does, however, address concerns regarding related buildings. See MCL 211,7dd(d)

21

See Ashley Capital, LLC v Dep't of Treasury, 314 Mich App 1, 7; 884 NW2d 848 (2015) (i.e., “‘tax statutes that grant

tax credits or exemptions are to be narrowly construed in favor of the taxing authority because such statutes reduce the

amount of tax imposed”D’ citing Alliance Obstetrics & Gynecology, PLC v Dep't of Treasury, 285 Mich App 284,286;

776 NW2d 160 (2009)).

22

See Michigan United Conservation Clubs v Lansing Twp, 423 Mich 661, 664-65; 378 NW2d 737 (1985).

23

See Spartan Stores, Inc v City of Grand Rapids, 307 Mich App 565, 569; 861 NW2d 347 (2014) (i.e., “[t]he primary

goal of statutory interpretation ‘is to discern and give effect to the intent of the Legislature”D’ citing Lafarge Midwest,

Inc v Detroit, 290 Mich App 240,246; 801 NW2d 629 (2010)).

24

See Bronson Methodist Hospital v Allstate Ins Co, 286 Mich App 219, 228; 779 NW2d 304 (2009) (i.e., the Legislature

“is presumed to know the rules of statutory construction and therefore its use or omission of language is generally

presumed to be intentional”).

25

See MCL 211.7ee(4) (i.e., “the assessor shall determine if the property is qualified agricultural property and if so shall

exempt the property from the collection of the tax as provided in subsection (1) until December 31 of the year in which

the property is no longer qualified agricultural property as defined in section 7dd”) and 211.7ee(5) (i.e., “[n]ot more

than 90 days after all or a portion of the exempted property is no longer qualified agricultural property, the owner shall

rescind the exemption for the applicable portion of the property by filing with the local tax collecting unit a rescission

form prescribed by the department of treasury”)- [Emphasis added.]

26

See MCL 211.2, MCL 211.7o, MCL 211.7cc, MCL 211.7dd, and MCL 211.79.

27

See Spartan Stores, supra at p 569. See also G C Timmis & Co v Guardian Alarm Co, 468 Mich 416,420-21; 662 NW2d

710 (2003) (i.e., “the emphasized language does not stand alone, and thus it cannot be read in a vacuum .... [i]nstead,

[i]t exists and must be read in context with the entire act, and the words and phrases used there must be assigned such

meanings as are in harmony with the whole of the statute” citing Arrowhead Dev Co v Livingston Co Rd Comm, 413

Mich 505, 516; 322 NW2d 702 (1982)).

28

See Bronson Methodist Hospital, supra at p 223 (i.e., “[w]here words “have acquired a peculiar and appropriate meaning

in the law,' they should be construed according to that meaning” citing Feyz v Mercy Memorial Hospital, 475 Mich 663,

673; 719 NW2d 1 (2006)).

29

See Ford Motor Co v Dep't of Treasury, 313 Mich App 572, 587; 884 NW2d 587 (2015), appeal denied, 887 NW2d

799 (2016) citing In re Certified Question, 468 Mich 109, 115 n. 5; 659 NW2d 597 (2003).

30

See VanGessel v Lakewood Public Schools, 220 Mich App 37,41; 558 NW2d 248,251 (1996) citing ABC Supply Co v

City of River Rouge, 216 Mich App 396, 398; 549 NW2d 73 (1996).

31

MCL 324.36101(b) provides:

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“Agricultural use” means the production of plants and animals useful to humans, including forages and sod crops;

grains, feed crops, and field crops; dairy and dairy products; poultry and poultry products; livestock, including breeding

and grazing of cattle, swine, captive cervidae, and similar animals; berries; herbs; flowers; seeds; grasses; nursery

stock; fruits; vegetables; maple syrup production; Christmas trees; and other similar uses and activities. Agricultural use

includes use in a federal acreage set-aside program or a federal conservation reserve program. Agricultural use does not

include the management and harvesting of a woodlot.

32

See Book-Gilbert v Greenleaf, 302 Mich App 538, 542; 840 NW2d 743, 745-46 (2013) citing In re Hurd-Marvin Drain,

331 Mich 504, 509; 50 NW2d 143 (1951) and Mich Basic Prop Ins Ass'n v Office of Fin & Ins Regulation, 288 Mich

App 552, 560; 808 NW2d 456 (2010).

33

The Court of Appeals also stated in Book-Gilbert, supra at p 542:

34

See Red Arrow Dairy, supra.

35

The properties at issue in both Red Arrow Dairy case and the Lyle Schmidt Farms case were considered qualified

agricultural property and entitled to the recapping. Neither case indicated that the properties were required to also have

a qualified agricultural exemption to be entitled to said recapping. Rather, the Court of Appeals in Lyle Schmidt Farms,

supra at p stated:

“Courts may not speculate regarding legislative intent beyond the words expressed in a statute. Hence, nothing may be

read into a statute that is not within the manifest intent of the Legislature as derived from the act itself.” Mich Ed Ass'n v

Secretary of State, 489 Mich 194, 217-218; 801 NW2d 35 (2011).... “The words used by the Legislature are given their

common and ordinary meaning.” Joseph v Auto Club Ins Ass'n, 491 Mich 200,206; 815 NW2d 412 (2012).

[Emphasis added.]

In that regard, the “common and ordinary meaning” of the phrase or phraseology when analyzed by its grammatical

components (i.e., the phrase “was qualified agricultural property” is a past participle verb, while “for taxes levied in

1999 and each year after 1999” is a prepositional phrase modifying that verb) merely indicates when the property was

required to be qualified agricultural property.

36

See MCL 205.753(1).

37

See MCL 211.27a(8) (i.e., “[i]f all of the following conditions are met, the local tax collecting unit shall revise the

taxable value of qualified agricultural propertyand Michigan Properties, LLC v Meridian Twp, 491 Mich 518, 531-32;

817 NW2d 548, 554 (2012). [Emphasis added.]

38

See MCL 211.27a(9) (i.e., “[i]f the taxable value of qualified agricultural property is adjusted under subsection (8), the

owner of that qualified agricultural property is not entitled to a refund for any property taxes collected under this act on

that qualified agricultural property before the adjustment under subsection (8)”).

39

See MCL 205.726.

40

See MCL 205.762(2) and TTR 289(1) and (2).

2017 WL 2634774 (Mich. Tax Tribunal)

End of Document

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