Brushaber.pdf
William P Brushaber, Petitioner V Township Of Tobacco, Respondent · 25-003648-TT
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Page 1
RECEIVED
AUG 1:9 2025
.
STATE OF MICHIGAN
MICHIGAN TAX TRIBUNAL
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON |. BROWN, DPA
GOVERNOR
DIRECTOR
LANSING
PROPERTY TAX APPEAL PETITION FORM
VALUATION / EXEMPTION / CLASSIFICATION APPEAL
Do not use this form to appeal Principal Residence Exemption, Qualified Agricultural Exemption, Special Assessment, or
Non-Property tax disputes.
Pursuant to Michigan Tax Tribunal Rule (TTR) 279, you MUST submit a copy of the notice giving rise to the appeal
{e.g. Board of Review Decision or Notice of Uncapping) with this Small Claims Petition, if applicable. If you do not
submit this document, you may be held in default.
Section 1: Petitioner's Contact Information
First Name
M.E
Last Name/Company Name
William
P
Brushaber
Mailing Address (No., Street, P.O. Box or Rural Route)
5754 S. Dundas Road
City or Town
State
ZIP Code
Beaverton
MI
48612
Telephone Number 989-404-008 1
E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail)
b_brushaber@hotmail.com
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
How many
If you are appealing more than one parcel, are they contiguous or adjoining?
parcelsareyou | [7] vest
[_] No™
appealing?
*If yes, use a multiple parcel form for informalion regarding any contiguous parcels.
1
**If no, you must file separate appeals for each non-contiguous or non-adjoining parcel or you will be defaulted.
Property Address {No., Street, City, ST, ZIP)
[If multiple, list first property's address)
5754 S. Dundas RoadPage 2
STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON I. BROWN, DPA
GOVERNOR
LANSING
DIRECTOR
Section 4: Issues Being Appealed (check all that apply)
True Cash and Taxable Value
[3 Poverty Exemption
[1 Taxable Value Only (calcutation)
[J Disabled Veterans Exemption
{1 Uncapping of Taxable Value
Eligible Manufacturing Personal Property (ESA)
[_] Exemption from Taxation {other than the denial of a
J Classification
Principal Residence or Qualified Agricuitural Exemption)
Section 5: Explain the Reason for this Appeal
Petitioner believes the calculations to achieve TCV value of the property are in error.
Protest was made to BOR and appeal denied. Petitioner then contacted assessor for
the township and through discussions it was discovered that an error in the square
footage calculations (500 sq. feet) has been erroneously applied in all of the annual
assessments for the property since it was first sold for a homestead.
Assessor filed
a Measurement/Calculation error with the BOR in July to fix the
2024/2025 assessed capped and taxable value of the property however; little to no relief
has been gained as the TCV of the homestead is still higher than 2023 sale price and
2023 appraisal.
Section 6: Jurisdictional Issues
Year(s) you are appealing:
2024, 2025
Did you protest the assessment at a Board of Review (BOR)? [7] Yes
[1] No
If Yes, check which BOR you attended AND attach the BOR decision:
March
a July
O December
If No, check the applicable reason(s):
[7 Not required to attend
[| Assessment Change Notice was not received by Petitioner
|] Appealing a purported Clerical Error or Mutual Mistake of Fact {if yes, include explanation in Section §)
0 Appealing within 35 days of State Tax Commission Order
Appeating within 35 days of receipt of Nolice of UncappingPage 3
‘erens®
.
\
STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON 1. BROWN, DPA
GOVERNOR
LANSING
DIRECTOR
Section 7: Valuation Information suse te muitipte parcel form for additional, contiguous parcels.
Parcel Identification Number:
150-036-202-002-01
Classification of Property:
Real
Personal
(checkone}
4
Agriculiural
Commercial
Industrial
Residential
Timber-Cutover
Developmental
Utility
{check one)
Current Assessed Value (also known as Stale Equalized Value) as established by the BOR:
324,600.00
Current Taxable Value as established by the BOR:
320,557.00
What do you befieve is the fair market value (also known as True Cash Value)?
570,115.00
Multiply the True Cash Value by .5 and enter here. This is your contention of Assessed Value.
285,057.50
If you believe the Taxable Value differs from your contention of Assessed Value, enter your contention of Taxable Value.
35,499.50
Section 8: Classification Information «only the Mi Dep't of Treasury may appeal this issue to the Tribunal*
Parcel Identification Number:
Current Classification of Property as established by Board of Review:
Real
Personal
{check one)
0
Agricultural
Commercial
Industrial
Residential
Timber-Cutover
Developmental
Utility
(check one)
What do you believe is the property’s classification?
Real
Personal
{check one)
O
Agricultural
Commercial
Industrial
Residential
Timber-Cutover
Developmental
Utility
(check one)
If improved property, how is the property currently being used?
If improved property, for what use was the property designed?Page 4
STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON 1, BROWN, DPA GOVERNOR LANSING DIRECTOR Fee Information Does the subject property have a Principal Residence Exemption of at least 50% as of the date of the filing of this petition? ves [J No Are you appealing ONLY the denial of a Poverty Exemption or Disabled Veterans Exemption? 0 ves No If you answered yes to either or both of the above quastions, you are not required to pay any filing fees. The filing fee Is based on the greater of the State Equalized Value or Taxable Value in contention. If you are appealing more than one parcel, the parcel with the highest State Equalized Value or Taxable Value in contention will be used to determine your filing fee, plus $26.00 will be added for each additional parcel being appealed, not to exceed a total filing fee of $1,000, If your property is residential property (see MCL 206.762) 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 i your 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 your property is NOT residential property and the State Equalized Value or Taxable Value in contention 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 DE Le Ist 2 -
Page 5
03/16/2025 03:10 PM 2025 BOARD OF REVIEW DECISION FROM TOBACCO TOWNSHIP ASSESSOR TOBACCOASSESSOR@Y AHOO.COM 121 WOODEN KEY DR HOUGHTON LAKE, MI 48629 NAME AND ADDRESS OF OWNER OR PERSON NAMED ON ASSESSMENT ROLL: PROPERTY IDENTIFICATION: (Parcel Code required. Property address and legal description optional.): 150-036-202-002-01 5754 S DUNDAS RD SEC 36 17 IW PART OF NW 1/4 COM AT N 1/4 COR THN ARAM P & JEANNE 89DEG 18MIN 21SEC W 2241.68FT TH S 1DEG S6MIN 59SEC RE PEASY L956 12 W ALG CENT LINE OF DUNDAS RD 422.32FT TH N 88DEG 3MIN ISEC W 33FT TH 350FT ALG WLY ROW OF DUNDAS RD ON A 533FT RAD CURVE TO LET HAVING A LONG CHORD BEARING $ 13DEG 29MIN 49SEC E 283.92FT TO POB TH CONT ALG SD ROW LINE 62.94FT ON 533FT RAD CURVE THIS PROPERTY IS CLASSIFIED 401 (RESIDENTIAL-IMPROVED) Thank you for attending this years March Board of Review. The Board has reviewed the information you supplied and the data necessary to compute your assessment and taxable value. The Board has completed their review of parcef number 150-036-202-002-01 They have made the following determination based on the information you supplied. Board of Review Comments DENIED: 50% TRUE CASH VALUE. | 2025 ORIGINAL ASSESSED VALUE 343,200 | [2025 "BOARD OF REVIEW" ASSESSED VALUE 343,200 (If the above amounts are the same, no revisions have occured) 2025 ORIGINAL TAXABLE VALUE 338,806 2025 "BOARD OF REVIEW" TAXABLE VALUE 338,806 2025 PRINCIPAL RESIDENCE EXEMPTION/QUALIFIED AG 100.0000 Please feel free to contact the assessor at the address listed above or call if you have any questions. “Effective March 1, 2013, the Tribunal is no longer able to accept Small Claims letter appeals. Rather, you are required fo file a petition to initiate a new Small Claims appeal. Petition forms are available on this website.” http://www.michigan.gov/taxtrib/0,4677,7-187-38254---,00.html
Page 6
2025 Jul 22,2025 BRUSHABER WILLIAM P & JEANNE M 5754 S DUNDAS RD BEAVERTON MI 48612 Re: July Board of Review Change Notice 150-036-202-002-01 Dear Property Owner: On Jul 22, 2025 JULY BOARD OF REVIEW Change Notice 5754 S DUNDAS RD , the July Board of Review made the following correction to the assessed, capped and taxable values or to the Principal Residence Exemption for the above referenced parcel. Original Year Assessed Capped Taxable 2025 343,200 < 338,806 < 338,806 < Principal Residence Exemption 100.0000 Adjustment Type: 2024 326,000 < 169,454 < Principal Residence Exemption 100.0000 Reason: 326,000 < Adjustment Type: MCL 211.53b(6)d ear Assessed Capped Taxable fled 324,600 < 320,557 < (1320,557< Principal Residence Exemption 100.0000 (308,300< MCL 211.53b(6)d - MEASUREMENT/CALCULATION ERROR 308,300 < 308,300 < 004A <T Principal Residence Exemption 100.0000 The action of the July Board of Review may be se appealed to the Michigan Tax Tribunal within 35 days after the final decision, ruling or determination. To appeal to the Michigan Tax Tribunal, file a petition with the MTT that can be obtained from their website: http://www.michigan.gov/taxtrib
Page 7
Michigan Department of Treasury 4031 (Rev. 09-22) Assessment Y& UCT . . . 07/21/2025 07:00 pM July/December Board of Review Affidavit Issued under authority of P.A. 206 of 1893. Filing is mandatory. Petition/Docket #: 1 A + The authority for July/December board of review action is stated in the General Property Tax Act, MCL 211.53b. The July/December Board of Review can take action regarding qualified errors verified by the assessor (MCL 211.53b(1), (8). The July/December Board of Review can also take action under MCL.211.53b regarding a as MCP 211.70 related to the disabled veterans exemption, July/December Board of Review to take action, Form 3128 (L-4035a) must be completed by the Board of Review and made a part of the Board of Review records whenever a change is made to an individual parce! of property which causes a change in Taxable Value. PART A: IDENTIFICATION Owner Name BRUSHABER WILLIAM P & JEANNE M [Owmer Street Aras City State ZIP Code 5754 S DUNDAS RD BEAVERTON MI |ass12 Parcel Number Property School District Property Classification 150-036-202-002-01 BEAVERTON RURAL SCHOOL [401 Properly Street Address City State ZIP Code 5754 S DUNDAS RD BEAVERTON ML 48612 PART B: ADJUSTMENTS . item or Taxing Authority Note or Millage rig Adjusted Difference TOBACCO TOWNSHIP Assessed Value JBOR 326,000 | 308.300 -17,700 Taxable Value 07/22/2025 326,000 ( 308,300 > -17,700 P.R.E, of 100.00 % 100.00 % 0.00 9 Property Class 401 School District 26010 Classification Ad Valorem TOTALS Reason for change (see instructions on page 2): 1 Poverty Exemption [TJausiified Agricultural Exemption 7 Disabled Veterans Exemption [Mauaiified Forest Exemption [CIE igiote Peveiopment Poperty 3 Qualified Error Explanation: MCL 211.530(6)d - MEASUREMENT/CALCULATION ERROR PART C: CERTIFICATION, BOARD OF REVIEW MEMBERS
Page 8
Michigan Department of Treasury 4031 (Rev. 09-22) Assessment Year: _2025 . " . 07/21/2025 07:03 pM July/December Board of Review Affidavit Issued under authority of P.A, 206 of 1893, Filing Is mandatory. Petition/Docket#: 1B The authority for July/December board of review action is stated in the General Property Tax Act, MCL 211.53b. The July/December Board of Review can take action «regarding qualified errors verified by the assessor (MCL 211 -53b(1), (8)). The July/December Board of Review can also take action under MCL.211.53b regarding a poverty exemption for the current year under MCL 211.7u; a qualified agricultural property exemption under MCL 211.2e for the current year; which has been denied by the assessor; a qualified agricufturat property exemption under MCL 211.ee that was not on the assessment roll for the current year and one prior year; ora qualified forest property exemption under MCL 211.7ji(1) that was not on the assessment roll for the current year and one prior year. In addition, other statutes, such as MCP 211.7 related to the disabled veterans exemption, and MCL 211.7ss related to the eligible development property exemption, provide authority for the July/December Board of Review to take action. Form 3128 (L-4035a) must be completed by the Board of Review and made a part of the Board of Review records whenever a change is made to an individual parcel of property which causes a change in Taxable Value. PART A: IDENTIFICATION Owner Name BRUSHABER WILLIAM P & JEANNE Mm [OWT STeeT ATaTess™ City State ZIP Code 5754 S DUNDAS RD BEAVERTON MI |48612 Parcel Number Properly School District Property Classification 150-036-202-002-01 BEAVERTON RURAL SCHOOL |401 Property Street Address City State ZIP Code 5754 S DUNDAS RD BEAVERTON MI 48612 PART B: ADJUSTMENTS item or Taxing Authority Note or Millage Original Adjusted oi cf TOBACCO TOWNSHIP Assessed Value JBOR 343,200 ( 324,600 -18,600 Taxable Value 07/22/2025 338,806 (320,557 -18,249 P.R.E. 100.00 % 100.00 % 0.00 9, Property Class 401 School District 26010 Classification Ad Valorem TOTALS Reason for change (see instructions on page 2) 1 Poverty Exemption [Caualified Agricultural Exemption ] Disabled Veterans Exemption [| Qualified Forest Exemption Ege pevelop ment Poperty Od Qualified Error Explanation: MCL 211.53b(6)d - MEASUREMENT/CALCULATION ERROR PART C: CERTIFICATION, BOARD OF REVIEW MEMBERS
Page 9
Michigan Depariment of Treasury
Form 818, Page 2
FOR BOARD OF REVIEW USE ONLY
INSTRUCTIONS: Incorporate geeempg( this form and the assigned number in the Board of Review minutes.
Parcel Code
Petition Number
.
7
160-036-202-002-01
1. ASSESSED VALUE
Disposition by Board of Review. The Board of Review must state the reason for its action below.
Ped Denied
IH]
Assessed Value Changed From:
{
343,200
ro:
[
]
Record of Vote - Board or three member committee of board
ves
[1
4
Member:
pl YES
[] NO
Member:
KH ves
[J
Reason for aw
Action:
-
w.
pp
ya ard frre
Ze
te
Aorhe!
If you disagree wilh the decision rales
{he Board of evan regard
tentative assessed
Zr
you may
0
ire
decision by filing a petition with the Michigan Tax Tribunal at
lr
07}
P.0.Box 30232, Lansing, Mi. 48909. Commercial Real, Industrial Real, Developmental Real, Commercial Personal, Industrial Personal and Utility Personal Property may be
appealed by May 31. Agricultural Real, Residential Real, Timber - Cut Over Real, and Agricultural Personal Property may be appealed by July 31. The petition must be filed on
a Michigan Tax Tribunal for or a form approved by the Michigan Tax Tribunal. Michigan Tax Tribunal forms are available at www.michigan.govilaxtrib.
Initials
Initials
Chairperson:
2. TENTATIVE TAXABLE VALUE
Disposition by Board of Review. The Board of Review must state the reason for its action below.
338,806
vo:
[4
Denied
Il]
Tentative Taxable Value Changed From:
Record of Vote - Board or three member committee of board.
7
A
Member” J ves
[Z) No
4EL-
Member:
[ves
[1]
fimo
Chairperson:
fa) ves
[1]
No
558%
Reason for Board Action:
7
A rates Alden” charge 2 as
aelfuadsiond
If you disagree with the decision of the Board of Review regarding tentative taxable value, you may appeal that decision by filing a petition with the Michigan Tax Tribunal at
P.O.Box 30232, Lansing, Mi. 48909. Commercial Real, industrial Real, Developmental Real, Commeicial Personal, Industrial Personal and Utility Personal Property may be
appealed by May 31. Agricultural Real, Residential Real, Timber - Cut Over Real, and Agricultural Personal Property may be appealed by July 31. The petition must be filed
on a Michigan Tax Tribunal for or a form approved by the Michigan Tax Tribunal. Michigan Tax Tribunal forms are available at www.michigan.gov/taxtrib.
3. CLASSIFICATION
Disposition by Board of Review. The Board of Review must state the reason for its action below.
[J
Denied
0
Classification Changed From:
401
To:
Record of Vote - Board or three member committee of board.
Chairperson;
[1 Yes
[1] Noms
Member:
[J ves
[1]
NO ms
Member:
[J] ves
[1]
no Ts"
Reason for Board Action:
if you disagree with the decision of the Board of Review regarding classification, appeal is made by sending Form 2167 to ihe State Tax Commission, P.O. Box 30471, Lansing, Mi. 48309 by June 30.
4. QUALIFIED AGRICULTURAL PROPERTY EXEMPTION
Disposition by Board of Review. The Board of Review must state the reason for its action below.
[7]
Exemption Request Denied
[]
Exemption percent modified from
Record of Vote - Board or three member committee of board.
% To:
%Page 10
LI [Im LE