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24-003520 FOJ Exc.pdf

Debra Z Piper, Petitioner V Township Of Weldon, Respondent · 24-003520-TT

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STATE OF MICHIGAN

 

GRETCHEN WHITMER 

GOVERNOR 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

LANSING

MARLON I. BROWN, DPA 

DIRECTOR 

 

 

MICHIGAN TAX TRIBUNAL · 611 W. OTTAWA ST., LANSING, MI 48933 · 517-335-9760 

PO BOX 30232, LANSING, MI 48909 · Other Carriers: 2407 N. GRAND RIVER AVE., LANSING, MI 48906 

Debra Z Piper, 

MICHIGAN TAX TRIBUNAL 

 

Petitioner, 

SMALL CLAIMS DIVISION 

 

v 

 

MTT Docket No. 24-003520 

 

Weldon Township, 

 

Presiding Judge 

Respondent. 

 

Patricia L. Halm 

 

FINAL OPINION AND JUDGMENT 

 

The Tribunal issued a Proposed Opinion and Judgment (POJ) on September 10, 2025. 

The POJ states, in pertinent part, “[t]he parties have 20 days from the ‘Entered’ date 

below to notify the Tribunal in writing, by mail or by electronic filing, if they do not agree 

with the POJ and to state in writing why they do not agree with the POJ (i.e., file 

exceptions to the POJ).” 

 

On September 29, 2025, Petitioner filed exceptions to the POJ. In the exceptions, 

Petitioner states that the POJ erroneously describes Petitioner’s contentions. Petitioner 

does not contest that she spent $700,000 renovating the subject property. However, 

the remaining construction loan balance was $238,718 as of January 1, 2022. It 

includes two items covered under Mathieu Gast – mechanicals (plumbing, heating, 

electric) in the amount of $96,000, and the kitchen cabinets, which had not yet been 

installed, at $38,718 of the $65,000 for interior woodwork. The remaining $104,000 

balance was for insulation, drywall, and completing the project. The Tribunal should 

allocate $34,320, or 33% of this amount, for new construction in 2022, resulting in a TV 

increase of $17,160 for 2023. The subject’s 2022 TV was $173,813, and the 2023 TV 

should be $196,709, which is the prior-year TV multiplied by 1.033 plus $17,160. The 

property was fully completed, and the 2024 and 2025 TV should only increase by the 

inflation rate, resulting in values of $206,544 for 2024 and $216,871 for 2025. 

 

Respondent has not filed exceptions to the POJ or a response to Petitioner’s 

exceptions. 

 

The Tribunal has considered the exceptions and the case file and finds that the 

Administrative Law Judge (ALJ) properly considered the testimony and evidence 

submitted in rendering the POJ. Specifically, replacement of the mechanicals does not 

constitute “normal repairs, replacement, and maintenance” of that equipment under 

MCL 211.27(2)(h), (i), or (j), contrary to the contention in paragraph 32 of Petitioner’s 

affidavit and supporting documentation. The addition to the subject’s living space 

resulted in the expansion of the prior mechanicals into systems large enough to support 

the structure’s expanded square footage. Further, there cannot be “normal 

maintenance” when they are part of a “structural addition or completion” under the plain

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MTT Docket No. 24-003520 

Page 2 of 4 

 

language of MCL 211.27(2). Even where some components of a prior system might 

have been engineered into the overall design of an expanded mechanical unit, the 

overall reconfiguration of the entirety of the plumbing, heating, and electrical systems 

exceeds the scope of “normal repairs, replacement, and maintenance” allowed under 

statute. The POJ correctly found non-consideration is not appropriate for those 

improvements. 

 

Further, with respect to the claim of kitchen cabinetry described in the exceptions, the 

Tribunal finds that Petitioner is not timely raising this contention. Neither the exceptions 

nor the record reflects that this contention was timely raised prior to hearing. While 

Petitioner did identify cabinetry as a component it sought for non-consideration under 

MCL 211.27(2)(o), it failed to properly identify a time component for implementation of 

that evidence contrary to what was presented on the Form 865 and what was set forth 

by the parties at hearing. The exceptions do not cite to any evidence in support of the 

timing component except for the general loan balance, which cannot be reasonably 

construed by a finder of fact to support the timing of non-consideration of cabinetry 

without additional evidence or testimony in support. Consideration of a new contention 

after the completion of the hearing is not appropriate because it deprives Respondent of 

its opportunity to address any contention made by a party at a hearing held to determine 

the weight and credibility of the evidence. The POJ therefore did not err in 

implementing the cabinetry in accordance with the partial construction fraction used in 

the TV calculation. 

 

Given the above, Petitioner failed to show good cause to justify modifying the POJ or 

granting a rehearing.1 As such, the Tribunal adopts the POJ as the Tribunal’s final 

decision in this case.2 The Tribunal also incorporates by reference the Findings of Fact 

and Conclusions of Law contained in the POJ in this Final Opinion and Judgment. As a 

result: 

 

The property’s taxable value (TV), as established by the Board of Review for the tax 

years at issue, are as follows: 

 

Parcel Number: 12-101-004-00 

Year

TV

2024

$297,528

2025

$306,751

 

The property’s final TV, for the tax years at issue, are as follows: 

 

Parcel Number: 12-101-004-00 

Year

TV

2024

$261,204

2025

$269,301

 

 

1 See MCL 205.762. 

2 See MCL 205.726.

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MTT Docket No. 24-003520 

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IT IS SO ORDERED. 

 

IT IS FURTHER ORDERED that the officer charged with maintaining the assessment 

rolls for the tax years at issue shall correct or cause the assessment rolls to be 

corrected to reflect the property’s true cash and taxable values as finally provided in this 

Final Opinion and Judgment within 20 days of the entry of the Final Opinion and 

Judgment, subject to the processes of equalization.3 To the extent that the final level of 

assessment for a given year has not yet been determined and published, the 

assessment rolls shall be corrected once the final level is published or becomes known. 

 

IT IS FURTHER ORDERED that the officer charged with collecting or refunding the 

affected taxes shall collect taxes and any applicable interest or issue a refund within 28 

days of entry of this Final Opinion and Judgment. If a refund is warranted, it shall 

include a proportionate share of any property tax administration fees paid and penalty 

and interest paid on delinquent taxes. The refund shall also separately indicate the 

amount of the taxes, fees, penalties, and interest being refunded. A sum determined by 

the Tribunal to have been unlawfully paid shall bear interest from the date of payment to 

the date of judgment, and the judgment shall bear interest to the date of its payment. A 

sum determined by the Tribunal to have been underpaid shall not bear interest for any 

time period prior to 28 days after the issuance of this Final Opinion and Judgment. 

Pursuant to MCL 205.737, interest shall accrue (i) after December 31, 2020, through 

June 30, 2022, at the rate of 4.25%, (ii) after June 30, 2022, through December 31, 

2022, at the rate of 4.27%, (iii) after December 31, 2022, through June 30, 2023, at the 

rate of 5.65%, (iv) after June 30, 2023, through December 31, 2023, at the rate of 

8.25%, (v) after December 31, 2023, through June 30, 2024, at the rate of 9.30%, (vi) 

after June 30, 2024, through December 31, 2024, at the rate of 9.50%, (vii) after 

December 31, 2024, through June 30, 2025, at the rate of 9.47%, and (viii) after June 

30, 2025, through December 31, 2025, at the rate of 8.66%. 

 

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 Tribunal with the required filing fee 

within 21 days from the date of entry of the final decision. Because the final decision 

closes the case, the motion cannot be filed through the Tribunal’s web-based e-filing 

system; it must be filed by mail or personal service. The fee for the filing of such 

motions is $50.00 in the Entire Tribunal and $25.00 in the Small Claims Division, unless 

the Small Claims decision relates to the valuation of property and the property had a 

principal residence exemption of at least 50% at the time the petition was filed or the 

decision relates to the grant or denial of a poverty or disabled veterans exemption and, 

 

3 See MCL 205.755.

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MTT Docket No. 24-003520 

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if so, there is no filing fee. You are required to serve a copy of the motion on the 

opposing party by mail or personal service or by email if the opposing party agrees to 

electronic service, and proof demonstrating that service must be submitted with the 

motion. Responses to motions for reconsideration are prohibited and there are no oral 

arguments unless otherwise ordered by the Tribunal. 

 

Alternatively, you may file a claim of appeal with the Michigan Court of Appeals. If the 

claim is filed within 21 days of the entry of the final decision, it is an “appeal of right.” If 

the claim is filed more than 21 days after the entry of the final decision, it is an “appeal 

by leave.” A copy of the claim of appeal must be filed with the Tribunal to certify the 

record on appeal. There is no certification fee. 

 

 

 

 

 

 

 

 

 

By _____________________________ 

Entered: November 14, 2025 

bw/am 

 

PROOF OF SERVICE 

 

I certify that a copy of the foregoing was sent on the entry date indicated above to the 

parties or their attorneys or authorized representatives, if any, utilizing either the mailing 

or email addresses on file, as provided by those parties, attorneys, or authorized 

representatives. 

 

By: Tribunal Clerk

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