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24-003581 FOJ Exc.pdf

Stephen C Zimmerman, Petitioner V Township Of Holmes, Respondent · 24-003581-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 

Stephen C Zimmerman, 

MICHIGAN TAX TRIBUNAL 

 

Petitioner, 

SMALL CLAIMS DIVISION 

 

v 

 

MTT Docket No. 24-003581 

 

Holmes Township, 

 

Presiding Judge 

Respondent. 

 

Patricia L. Halm 

 

FINAL OPINION AND JUDGMENT 

 

The Tribunal issued a Proposed Opinion and Judgment (POJ) on October 13, 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 October 31, 2025, Petitioner filed exceptions to the POJ.1 In the exceptions, 

Petitioner contends that the Tribunal’s explanation and application of “capped value” is 

not understandable and does not comply with law or with their contentions. Petitioner 

contends the property was uncapped and should remain capped as qualified agricultural 

land. Petitioner requests a different, lawful adjustment to the assessor’s erroneous, 

unlawful assessment. A $56,356 adjustment must be made after its admission into 

evidence, and Petitioner contends that the taxable value (TV) should be lowered as a 

result. 

 

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, the contentions addressed in the 

exceptions were already correctly addressed in the POJ. The evidence demonstrates 

there was no uncapping as defined by MCL 211.27a. There is also no legal basis under 

that subsection or MCL 211.34d for a removal of TV as losses in the manner requested 

by Petitioner. The adjustment to the TV is correct for the tax years at issue. Petitioner’s 

own evidence in the Notice of Assessment indicates that the property was not 

uncapped, and there is no affidavit filed indicating that Petitioner sought to remain 

capped as agricultural property. Overall, there is no basis in evidence or law for 

Petitioner’s contentions or for the exceptions. 

 

1 The Tribunal issued a Notice of No Action on November 7, 2025, because Petitioner did not submit 

proof of service of the exceptions upon Respondent as required by TTR 291. Petitioner submitted the 

required proof of service on November 20, 2025, and as a result, the exceptions are properly pending.

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MTT Docket No. 24-003581 

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

granting a rehearing.2 As such, the Tribunal adopts the POJ as the Tribunal’s final 

decision in this case.3 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 TCV, SEV, and TV, as established by the Board of Review for the tax 

year at issue, are as follows: 

 

Parcel Number: 55-006-004-008-00 

Year

TV

2024

$76,000

2025

$78,356

 

The property’s final TCV, SEV, and TV, for the tax year at issue, are as follows: 

 

Parcel Number: 55-006-004-008-00 

Year

TV

2024

$76,000

2025

$78,356

 

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.4 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, 

 

2 See MCL 205.762. 

3 See MCL 205.726. 

4 See MCL 205.755.

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MTT Docket No. 24-003581 

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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%, (viii) after June 30, 

2025, through December 31, 2025, at the rate of 8.66%, and (ix) after December 31, 

2025, through June 30, 2026, at a rate of 8.48%. 

 

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, 

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: December 16, 2025 

bw/gc 

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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MTT Docket No. 24-003581 

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