Sanford.pdf
David L Sanford, Petitioner V Township Of Milton, Respondent · 26-000307-TT
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RECEIVED FEB 1 2 2026 STATE OF MICHIGAN MICHIGAN TAX TRIBUNAL GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR PROPERTY TAX APPEAL PETITION FORM VALUATION / UNCAPPING Do not use this form to appeal Classification, Principal Residence Exemption, Qualified Agricultural Exemption, Other Exemptions, Special Assessments, or Non-Property tax disputes. | Pursuant to Tax Tribunal Rule (TTR) 279, you MUST submit a copy of the notice giving rise to the appeal (i.e., Board of Review Decision or other notice) with this petition, if applicable. If you do not submit this document, you may be held in default. Section 1: Petitioner’s Contact Information First Name M1 Last Name/Company Name David L Sanford Mailing Address (No., Street, P.O. Box or Rural Route) 22 Forest Park Rd City or Town Cedar Crest Telephone Number 808721 3686 Email Address (do not enter unless you want MTT to send all correspondence via email) divewithdave@gmail.com State ZIP Code New Mexico) 57008 Section 2: Petitioner’s Attorney/Authorized Representative’s Contact Information First Name M.L Last Name Firm Name (if any) Mailing Address (No., Street, P.O. Box or Rural Route) City or Town State ZIP Code Telephone Number Email Address (do not enter unless you want MTT to send all correspondence via email) Section 3: Subject Property Information *use the multiple parcel form for additional, contiguous parcels. How many parcels are you If you are appealing more than one parcel, are they contiguous or adjoining? appealing? (| Yes* [i] No** *f No, you must file separate appeals for each parcel Property Address (No., Street) Anderson Road Town County State ZIP Code MI 49120
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STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR Section 4: Check which of the following you are appealing (check ali that apply) True Cash and Taxable Value [J Taxable Value Only (calculation) Uncapping of Taxable Value Section 5: Explain the Reasan for this Appeal Parcel # 14-070-001-007-01 was formerly The Southwest Cass County Landfill. The land was owned by the state and has sold for $1.00 with one exception that | know of. The reason for the almost zero valuation is because The Van Buren/Cass District Health Dept determined there to be ground water contamination. They passed and implemented a moratorium on drilling wells within one half mile of this parcel. The well moratorium was updated and the restricted area increased in November 2005. In 2021 a developer purchased the property and some adjacent parcels to build a subdivision. In my opinion he thought he was rich enough and connected enough to get around the well moratoriun On 03/12/2021 a sale was recorded. Sale Price: $336,000.00, Terms of Sale: 20-Multi Parcel Sale Ref. Parcel was uncapped and taxes went up dramatically. The developer filed a lawsuit on 03/12/2023 in District Court Case # 1:23-cv-00253. A judgment was filed on 04/29/24. The judgment ordered "(a)The purported transaction... was subject to, but did, in fact, fail to comply with the requirements of MCL 324.20116, and therefore... the purported transaction was and is void ab initio, (b) title and interest in property at no time transferred..." Section 6: Jurisdictional Issues Did you protest the assessment at a Board of Review (BOR)? [m0] Yes No If Yes, check which BOR you attended: i] March O July [HH] December If No, please check the applicable reason(s): | | Not required to attend [i Appealing a purported Clerical Error or Mutual Mistake of Fact (if yes, include explanation in Section 5) [| Appealing within 35 days of State Tax Commission Order [| Appealing within 35 days of receipt of Notice of Uncapping Other you checked “other” above, explain.
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STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR Section 7: Valuation Information use the multiple parcel form for additional, contiguous parcels. pereettin®r 14-070-001-007-01 Classification of Property: Real Personal [J (check one) Agricultural J ~~ Commercial [J Industrial [] Residential Timber-Cutover [1 ~~ Developmental [1 Utility [J (check one) Assessed Value (also known as State Equalized Value) established | Taxable Value established by the Board of Review: by the Board of Review: $1 10,400.00 $78,543.00 What do you believe is the fair market value (also known as true cash value)? $ 6040.00 What do you believe is the assessed value? (multiply true cash What do you believe is the taxable value? (cannot exceed value by .5) $ 3020.00 assessed value) $ 1.00 Fee Information Does the property have a Principal Residence Exemption of at least 50% as of the date of the filing of this petition for all tax years at issue? [ves [64 no If you answered yes to the above question, you are not required to pay any filing fees. If the property does not have a Principal Residence Exemption of at least 50% as of the date of the filing of this petition for all tax years at issue, the filing fee is based on the greater of the State Equalized Value or Taxable Value in dispute. If you are appealing more than one parcel, the parcel with the highest State Equalized Value or Taxable Value in dispute will be used to determine your filing fee, plus $25.00 will be added for each additional parcel being appealed, not to exceed a total filing fee of $1,000.00 if your property is residential property (see MCL 205.762) and the State Equalized Value or Taxable Value in contention is: Filing Fee is: $100,000.00 and under $125.00 $100,000.01 to $500,000.00 $200.00 $Over $500,000.00 $300.00 If the property is NOT residential property (see MCL 205.762) and the State Equalized Value or Taxable Value in contention is: Filing Fee is: $100,000.00 and under $250.00 * Plus $25.00 for each additional parcel, as indicated above. If the property is NOT residential property and the State Equalized Value or Taxable Value in dispute is $100,000.01 or greater the appeal does not qualify for Small Claims. Therefore, an Entire Tribunal petition must be filed. Signature “required ” Petitioner or Attorney/Authorized Representative’s Signature: AL . PZ VA
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Parcel 14-070-001-007-01 was formerly The Southwest Cass County Landfill. The land was owned by the state and has sold for $1.00 with one exception that | know of. The reason for the almost zero valuation is because The Van Buren/Cass District Health Department determined there to be ground water contamination. They passed and implemented a moratorium on drilling wells within one half mile of this parcel. The well moratorium was updated and the restricted area increased in November 2005. VAN BUREN/CASS DISTRICT HEALTH DEPARTMENT VAN BUREN COUNTY MEDICAL DIRECTOR CASS COUNTY Human Services Building-West Frederick (Rick) Johansen, MD 201 M-62 North 57418 CR 681, Suite A DEPUTY MEDICAL DIRECTOR Cassopolis MI 49031 Hartford MI 49057 Jason Tompkins, MD MPH & TM Telephone (269) 445-5280 Telephone (269) 621-3143 Fax (269) 621-2725 ADMINISTRATOR/HEALTH OFFICER Fax|(269) 445:5278 Jeffery L Elliott, BBA 11 November 2005 Terry L. Proctor, Cass County Administrator Cass County Courthouse 120 N. Broadway Cassopolis, MI 49031 Dear Mr. Proctor, During its regular monthly meeting on 9 November 2005 the Van Buren/Cass District Health Department Board of Health adopted the following resolution in response to groundwater contamination stemming from the former Southwest Cass County landfill in Section 1 of Milton Township. In accordance with Public Act 368, Part 127, Rule 325.1621 and 325.1622 (2), the Van Buren/Cass District Public Health Department is increasing the isolation distances of wells in the NW an SW 1/4s of Section 1 and the NE and SE 1/4s of Section 2, Milton Township and the SE ¥% of Section 35 and the SW % of Section 36, Howard Township. No wells for new construction shall be permitted or installed within this designated area. Replacement wells may be permitted only upon review of the Environmental Health Division of the Van Buren/Cass District Public Health Department. This action is effective immediately. The isolation distances are being increased to the boundary lines of the above listed quarter sections to protect the public against possible groundwater contamination from the vicinity of the former Southwest Cass County landfill. These distances shall not apply to monitoring wells installed to compliment or further any existing or future hydro-geological studies of groundwater contamination prepared by a qualified engineer. Sincerely, , ? as \ LA Ny
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Cass County GIS 11-9-05 Resolution maj; ® Map Publication: 10/05/2020 3:23 PM 14-070-001-008-00 X 0.dkm BENNETT BART & VICTORIA | I Tomi 28754 RUNKLE SH, NILES powered by ~ FetchGIS Disclaimer: This map doas not represent a survey or legal document and is provided on an "as is” basis. Cans County expresses no warranty for the information dicplayed on this map document. This is the updated Well Moratorium area Map. The parcel referred to in this document is located to the left or west of the red outlined 40 Acre parcel. It sits between the red outlined parcel and Anderson Road.
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to increase your limit to 25/day. Parcel Highlights Full Address Runkle St, -» | Niles, mi 49120 Measurements 14.27 Acres to 24 Owner Name (Assessor) ® Unlock with a Free Starter : account Parcel Details 2 Parcel ID Parcel Address RUNKLE ST RB 14-070-001-007-01 | Parcel Address City NILES 3 me Runkile:St
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In 2021 a developer purchased the property and some adjacent parcels to build a subdivision. In my opinion he thought he was rich enough and connected enough to get around the well moratorium. On 03/12/2021 a sale was recorded. Sale Price: $336,000.00, Terms of Sale: 20- Multi Parcel Sale Ref. © sale History | Sale Date Sale Price | Instrument Grantor Grantee Terms of Sale | Liber/Page 07/21/2025 $0.00 ac STATLER RAY P & LESLIE A SANFORD DAVID L 21-NOT USED/OTHER 1263/454 04/29/2024 $000 OTH RUNELS JEFFREY D STATLER RAY P & LESLIE A 06-COURT JUDGEMENT 1247/2013 03/12/2021 $336,00000 WD STATLER RAY P & LESLIE A RUNELS JEFFREY D 20-MULTI PARCEL SALE REF 1192/396 06/18/2012 $000 WD HOLBERT WILUAM K STATLER RAY P 03-ARM'S LENGTH 1096/1624 Parcel was uncapped and taxes went up dramatically. The developer filed a lawsuit two years later on 03/12/2023 in District Court Case # 1:23-cv- 00253. A judgment was filed on 04/29/24. The judgment ordered "(a)The purported transaction... was subject to, but did, in fact, fail to comply with the requirements of MCL 324.20116, and therefore... the purported transaction was and is void ab initio, (b) title and interest in property at no time transferred..." 5: The parties desire to reach a resolution of this action through, among other things, the entry of this Consent Judgment and Order of Dismissal. NOW, THEREFORE, IT IS JIEREBY ORDERED that JUDGMENT shall be, and it hereby is, GRANTED in favor of the Plaintiff, Jeffrey D. Runcls, and against the Defendants Ray P. Statler and Leslie A. Statler, pursuant to Count 1 of Runels’s Complaint [ECE No. 1], ORDERING, ADIUDGING, DECLARING, AND DECREEING that: A. The purported transaction relating to the Statler Property was subject to, but did, in fact, fail to comply with the requirements of MCL 324.20116, and therefore, by application of MCL 324.201 16 and Michigan law, (a) the purported transaction was and is void ab initio, (b) title and interest in the Statler Property at no time transferred from the
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Therefore the uncapping was improper because according to the court the transaction that uncapped the property never happened. As part of the Court order a sale was recorded on 04/29/24, Sale Price: $0.00, Terms of Sale: 06-Court Judgment. @ sale History ] Sale Date sale Price | Instrument | Grantor Grantee | Terms of sale | iberspage 07/21/2025 $000 Qc STATLER RAY P & LESLIEA SANFORD DAVID L 21-NOT USED/OTHER 12637454 04/29/2024 $000 OTH RUNELS JEFFREY D STATLER RAY P & LESLIE A 06-COURT JUDGEMENT 1247/2013 03/12/2021 $336,00000 WD STATLER RAY P & LESLIE A RUNELS JEFFREY D 20-MULTI PARCEL SALE REF 1192/396 | 06/18/2012 $000 WD HOLBERT WILUAM K STATLER RAY P 03-ARM'S LENGTH 1096/1624 The purpose of this appeal is to ask the Tribunal to approve a refund of the difference between the taxes paid as a result of the improper uncapping and the estimated amount of what the taxes should have been. The 40 acres owned by the state shown on page 3 is now two parcels: roughly a 15 and a 25 acre parcel. To calculate the taxes on the 15 acre parcel # 14-070-001-007-01 we can look at parcel # 14-070-001-007-10, which is directly to the south.
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10 INCrease your umit 10 «byoay.: | Parcel Highlights Full Address | Runkle St, » Niles, MI 49120 | Measurements | | 28.01 Acres 2 Ov Owner Name (Assessor) @ Unlock with a Free Starter | account Parcel Details Co) Parcel ID 14-070-001-007-10 Parcel Address RUNKLE ST Parcel Address City. NILES Parcel Address Zip Code
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TI asked Al to calculate the Taxable Value (TV) based on parcel # 14-070-001-007-10. If the taxable value is proportional to the acreage (a common assumption for uniform land like farmland, vacant parcels, or similar property types in Michigan, assuming no buildings, different zoning, or other value-adding features), then we can calculate it using a simple proportion. Given: o 25 acres > Taxable Value = $10,067 » We want: 15 acres = Taxable Value =? This is a direct ratio: Taxable value per acre = $10,067 + 25 = $402.68 per acre. For 15 acres: 15 x $402.68 = $6,040.20 Alternatively, using the proportion directly: 15/25=0.6 $10,067 x 0.6 = $6,040.20 So, the taxable value for 15 acres would be $6,040.20 (or rounded to the nearest dollar as $6,040, depending on how your local assessor handles cents). Important Michigan Property Tax Notes o If these 25 acres and 15 acres are part of the same parcel or identical in characteristics, the calculation above is a reasonable estimate. Vear | Season | Total Amount | Total Paid | Last Paid | Total Due | 4 2025 Winter $347.90 Not Availat Availab Not Avaitable | + General Information for 2025 Winter Taxes School District 14030 PRE/MBT 0.0000% Taxable Value $10,067 SEV. $11,900 Property Class 402 - RESIDENTIAL-VACANT Assessed Value $11,900 Tax Bill Number No Data to Display Last Receipt Number No Data to Display Last Payment Date Not Availat Number of Payments 0
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| went to https://treas-secure.state.mi.us/ptestimator and plugged in the number Al calculated as the TV and it estimated $244.00. | assume that is per year. County: City/Township/Village: School District: Cass Lo | | Milton TOWNSHIP v | EDWARDSBURG PUBI Vv | This is a required field. This is a required field. This is a required field. Estimated Property Tax For Estimated Property Tax For Principal Residence or Qualified Second Home, Rental or Business Farm (Homestead) (Non-Homestead) $134 $244 The taxes paid as a result of the improper unpacking: Total: $9,984.58 Year | Season Total Amount | Total Paid Last Paid » 2025 Winter $2.44277 lable Not Available H » 2025 Summer $883.48 Not Available Not Available > 2024 Winter $2,376.03 Not Available Not Available » 2024 Summer $812.21 Not Available Not Available bo 2023 Winter $2,221.37 Not Available Not Available » 2023 Summer $820.60 Not Available Not Available > 2022 Winter $2,133.19 Not Available » 2022 Summer $737.70 Not Available: Here's the sum of the dollar amounts you listed: « $737.70 o $2,133.19
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The winter 2025 taxes have not been paid. Based on the estimate: 2022 - $244.00 2023 - $244.00 2024 - $244.00 2025 - $244.00 244*4=976 $9984.58-5976=$9008.58 In summary: please do not make me pay indefinitely for the actions of an arrogant rich man. | do not doubt this property would be worth the assessed amount due to the unpacking if not for the fact that it is not permissible to build a house or houses on it. | spoke to Cass County regarding this issue. | was told by them to contact the assessor Bill Gibert. When | spoke to Bill he said he would lower the assessment for Parcel 14-070-001- 007-01 and apply the same formula that he applied to Parcel 14-070-001-007-10, (the 25 acre parcel used for calculations in this letter.) He said he took the value of vacant land in that area and discounted it by 80% because of the well moratorium. He understands the well restriction adversely affects the value of the land. It is my understanding the assessment and therefore the taxes will be lowered for the 2026 tax year. But, Bill said nothing can be done about the current 2025 winter tax bill for $2,442.77. This is for the 15 acres the landfill was actually on. It seems unfair, even immoral to charge me property tax of $2,442.77 for a parcel | paid $1.00 for. When the winter taxes on the 25 adjoining acres was $347.90. 2026 MILTON TOWNSHIP WINTER TAX BILL Parcel ID No: 14-070-001-007-01 MILTON TOWNSHIP SANFORD DAVID L RACHEL PUNK. TREASURER Property Address: RUNKLE ST 2097 BERTRAND ST NILES, MI 49120 Bill Date 12/1/2025
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2026 MILTON TOWNSHIP WINTER TAX BILL Parcel ID No: 14-070-001-007-10 MILTON TOWNSHIP SANFORD DAVID L Sache PLANK, TREASURER Property Address: RUNKLE ST Nai qr Bill Date 12/1/2025 (208) 604:7282 Due On Or Before 03/02/2026 Total Tax Due $347.90 Check Number RETURN TAX PAYMENT TO ABOVE ADDRESS Make Check Payable To: MILTON TOWNSHIP 14-070-001-007-10 SANFORD DAVID L Te JIRA CEDAR CREST NM 87008 Applying the same formula Al did above: 347.90*.6= $208.74. The taxes should be $208.74. What they are asking for is more than 10 times what it should be. The only reason for the discrepancy is the reason for this appeal. The Township is calculating the tax based on a sale that, according to the law, never happened. | trust you will be fair minded and rule accordingly. Thank you, Sincerely, David L Sanford
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