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Motion to Dismiss FInal.pdf

Scott D Howard, Petitioner V Michigan Department Of Treasury, Respondent · 24-003720-TT

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Page 1

P.O. BOX 30440 • LANSING, MICHIGAN 48909 

www.michigan.gov/pre • 517-335-7487

5647 (Rev. 04-19) 

GRETCHEN WHITMER 

GOVERNOR 

STATE OF MICHIGAN 

DEPARTMENT OF TREASURY 

LANSING 

RACHAEL EUBANKS 

STATE TREASURER 

October 10, 2024 

Chief Clerk 

Michigan Tax Tribunal 

P.O. Box 30232 

Lansing, MI 48909 

Re: 

Scott D Howard v Michigan Department of Treasury 

MTT Docket No. 24-003720 

Dear Chief Clerk: 

Enclosed please find Respondent Michigan Department of Treasury’s Motion to Dismiss 

this case along with a Proof of Service for the above-mentioned file. 

If you have any questions or concerns, please do not hesitate to contact me. 

Sincerely, 

Quale Williams 

Departmental Representative 

Enclosures 

cc: 

Scott D Howard

Page 2

STATE OF MICHIGAN 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MICHIGAN OFFICE OF ADMINISTRATIVE HEARINGS AND RULES 

MICHIGAN TAX TRIBUNAL 

SCOTT D HOWARD, 

Petitioner, 

v 

MTT Docket No. 24-003720 

MICHIGAN DEPARTMENT OF TREASURY, 

Respondent. 

______________________________________/ 

PROOF OF SERVICE 

Quale Williams, says that on October 10, 2024 he served a copy of the Respondent’s 

Motion to Dismiss and this Proof of Service relative to the above-captioned matter by 

depositing the same in a receptacle of the United States Post office in the City of Lansing, 

Michigan, enclosed in an envelope bearing postage fully prepaid, plainly addressed as 

follows: 

Scott D Howard 

1315 Fairlane Dr. 

Adrian, MI, 49221 

Michigan Tax Tribunal 

P.O. Box 30232 

Lansing, MI 48909 

____________________________ 

Quale Williams 

Departmental Representative

Page 3

STATE OF MICHIGAN

GRETCHEN WHITMER 

GOVERNOR 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

LANSING

ORLENE HAWKS 

DIRECTOR 

PROPERTY TAX APPEAL ANSWER FORM 

PRINCIPAL RESIDENCE EXEMPTION / QUALIFIED AGRICULTURAL EXEMPTION 

MOAHR DOCKET NO. _________________ 

Section 1: Respondent’s Contact Information 

Unit of Government 

Section 2: Respondent’s Attorney/Authorized Representative’s Contact Information 

First Name 

M.I.

Last Name 

Firm Name (if any) 

Address (No., Street, P.O. Box or Rural Route) 

City or Town 

State 

ZIP Code 

Telephone Number 

Fax Number 

E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail)

Section 3: Subject Property Information 

Parcel Identification Number(s): 

Are the parcels listed by Petitioner contiguous or adjoining? If not, list which parcels are adjoining (i.e. touch). 

 Yes 

 No 

 Not Applicable 

Classification of Property: 

Agricultural Commercial Industrial Residential Timber-Cutover Developmental Utility (check one) 

Pursuant to Michigan Tax Tribunal (TTR) 277(3), you MUST submit a copy of the notice giving rise to the appeal (e.g. 

Notice of Denial or Board of Review Decision) with this Small Claims Answer, if applicable. If you do not submit this 

document, you may be held in default.

24-003720

 PRE Unit

Quale 

Williams 

 430 West Allegan

 Lansing

 MI

 48922

517-241-2904

williamsq2@michigan.gov

AD0-461-0550-00





Page 4

STATE OF MICHIGAN

GRETCHEN WHITMER 

GOVERNOR 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

LANSING

ORLENE HAWKS 

DIRECTOR 

Section 4: Explain Your Answer to this Appeal 

Section 5: Jurisdictional Issues 

List the tax year(s) denied: 

Check what action prompted this appeal: 

 Notice of Denial of Principal Residence Exemption was issued 

 Denial by Board of Review 

 Denial by Dept. of Treasury 

 Other 

If you checked “other” above explain: 

If Petitioner is appealing from a Board of Review denial, check which Board of Review took action: 

 March 

 July 

 December 

List the date the Principal Residence Exemption or Qualified Agricultural Exemption was denied: 

Signature *Required 

Respondent or Attorney/Authorized Representative’s Signature: 

 /s/ 

See Attached

2020, 2021, 2022 and 2023



09/29/2023

Page 5

STATE OF MICHIGAN

GRETCHEN WHITMER 

GOVERNOR 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

LANSING

ORLENE HAWKS 

DIRECTOR 

PAPER FILING INSTRUCTIONS FOR ANSWER TO 

PRINCIPAL RESIDENCE/QUALIFIED AGRICULTURAL EXEMPTION APPEAL 

Follow these instructions for filing a small claims answer. For any questions that are not 

answered in these instructions, see the Tribunal’s website at www.michigan.gov/taxtrib 

or contact the Tribunal at 517-335-9760. 

Mail the completed form to: Michigan Tax Tribunal, P.O. Box 30232, Lansing, MI 48909. 

Section 1: Respondent’s Contact Information: “Respondent” is not the assessor, 

Respondent is the unit of government filing the answer to the petition (i.e. city or 

township). 

Section 2: Respondent’s Attorney/Authorized Representative’s Contact 

Information: Respondent must be represented by an attorney or authorized 

representative (i.e., assessor) to file an answer to the petition. 

IMPORTANT: If the contact information for Respondent or the attorney or authorized 

representative, if listed, includes an email address, the Tribunal will use that email 

address to electronically serve all future documents issued by the Tribunal. A request by 

Petitioner or Petitioner’s attorney or authorized representative to opt out of electronic 

service once an email address is provided must be made in writing. 

Section 3: Subject Property Information: 



Parcel Identification Number(s): Each parcel number being appealed must be

listed.



Are they contiguous or adjoining: If multiple parcels are being appealed,

indicate whether the parcels are contiguous or adjoining. If not all parcels are

contiguous or adjoining, list the parcels that are adjoining.



Classification of Property: Check the classification of the property being

appealed.

Section 4: Explain Your Response to this Appeal: Provide the basis of Respondent’s 

answer to the property tax appeal and any necessary explanation (i.e., “set forth the 

facts upon which you rely in defense of this matter”). 

Section 5: Jurisdictional Issues: 



List the tax year(s) denied: List the year(s) denied by the denial document.



Check what action prompted this appeal: Indicate what document or action

occurred to cause Petitioner to appeal. Check only one.



If you check “other:” Describe the action which prompted this appeal. Use a

separate sheet of paper, if necessary.

Page 6

STATE OF MICHIGAN

GRETCHEN WHITMER 

GOVERNOR 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

LANSING

ORLENE HAWKS 

DIRECTOR 



If Petitioner is appealing from a Board of Review denial: Indicate which

Board of Review took action and indicate the date the Board’s denial notice was

mailed to Petitioner.



List the date the Principal Residence Exemption or Qualified Agricultural

Exemption was denied: Provide the date listed on the denial.

Signature: A signature by Respondent’s attorney or authorized representative is 

required. 

REMINDERS: 

Pursuant to TTR 279, Respondent shall provide the Tribunal a copy of the 

exemption denial notice or other order being appealed. Failure to submit the answer 

form to the Tribunal may result in the conducting of a default hearing. 

You must submit the original, signed completed answer form to the Tribunal. You 

should also keep a copy for yourself. 

It is your responsibility to provide the Petitioner, or Petitioner’s attorney or authorized 

representative, with a copy of any attachments submitted with the Answer form. The 

Tribunal will not forward a copy of any attachments to the Petitioner. TTR 287 states 

that failure to provide the copies to the respondent at least 21 days in advance of 

the hearing may result in the exclusion of the attachments. 

The Tribunal will send a notice of hearing to the parties no less than 45 days in advance 

of the hearing. To check the status of your appeal, visit our website at 

www.michigan.gov/taxtrib and click on the “Docket Search” option.

Page 7

STATE OF MICHIGAN 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MICHIGAN OFFICE OF ADMINISTRATIVE HEARINGS AND RULES 

MICHIGAN TAX TRIBUNAL 

SCOTT D HOWARD, 

Petitioner, 

v 

MTT Docket No. 24-003720 

MICHIGAN DEPARTMENT OF TREASURY, 

Respondent. 

_______________________________________/ 

BASIS OF RESPONDENT MICHIGAN DEPARTMENT OF TREASURY’S 

ANSWER TO THE PETITION 

The subject property is located in Adrian Township, Lenawee County and is known as 

1315 Fairlane Dr, Parcel No. AD0-461-0550-00. Petitioner filed a petition in the Small 

Claims Division of the Michigan Tax Tribunal regarding the denial of a qualified principal 

residence exemption from tax levied by the local school district for school operating 

purposes as provided for by Section 7cc of the General Property Tax Act. MCL 211.7cc. 

According to Michigan Department of Treasury (Department) records, Petitioner’s 

Principal Residence Exemption (PRE) on 1315 Fairlane Dr known as Parcel No. AD0-

461-0550-00 was denied by the Department on September 29, 2023, per the denial letter

attached as Exhibit 1. The denial was overturned and placed back on the property on

August 19, 2024, per the overturn letter attached as Exhibit 2. Therefore, the Department

is respectfully requesting to be dismissed as a party to this action since the Department

agrees that the PRE should be placed back on the property for tax years 2020, 2021,

2022, and 2023. The Department is not contesting the denial of the PRE.

Respectfully submitted, 

By: _____________________ 

Quale Williams 

Departmental Representative

Page 8

Exhibit 1

Exhibit 1 

5647 (Rev. 01-19) 

STATE OF MICHIGAN 

DEPARTMENT OF TREASURY 

GRETCHEN WHITMER 

LANSING 

RACHAEL EUBANKS 

GOVERNOR 

STATE TREASURER 

September 29, 2023 

Scott D Howard 

1315 Fairlane Dr 

Adrian, MI 49221-9404 

Principal Residence Exemption 

Denial Notice 

Property Address: 1315 Fairlane Dr 

Parcel ID: 

ADO0461055000 

Tax Year(s) Denied: 

2020, 2021, 2022, 2023 

Local Unit: 

Adrian Twp 

Percent Allowed: 

0% 

County: 

Lenawee 

Dear Scott D Howard: 

The Michigan Department of Treasury (Treasury) is required under MCL 211.7cc to audit properties to 

determine 

if properties receiving the Principal Residence Exemption are entitled 

to the benefit. 

Based on the information 

received 

during 

the 

audit process, Treasury 

is denying all 

or 

a 

portion 

of the Principal Residence Exemption for the year(s) indicated on the above listed parcel 

for the following reason: 

Treasury did not receive a completed questionnaire or other requested information. MCL 211.7cc 

(8) authorizes Treasury to deny an exemption if an owner fails to respond within 30 days of 

receiving a request for information. 

A corrected property tax 

bill will be issued 

by Treasury, the local treasurer, and/or county 

treasurer as a result of this denial. 

If you disagree with this denial, a written request for an informal conference must be 

received by Treasury within 35 days from the date you received this letter in order to 

preserve your appeal rights. 

For faster service, 

e-mail your 

written 

request 

for 

an 

informal 

conference and 

any 

available documentation 

to PRE@michigan.gov. For additional submission 

options, refer to the enclosed Frequently Asked Questions. 

If you have questions, please call (888) 909-2799 or refer to the enclosed Frequently Asked 

Questions. 

Property Tax Exemption Section 

Michigan Department of Treasury 

Enclosure 

ID# 469990002159P 

P.O. BOX 30440 « LANSING, MICHIGAN 48909 

www.michigan.gov/pre

Page 9

5647 (Rev. 01-19)

STATE OF MICHIGAN

DEPARTMENT OF TREASURY 

LANSING

GRETCHEN WHITMER

GOVERNOR

RACHAEL EUBANKS

 STATE TREASURER

The Michigan Department of Treasury denied the Principal Residence Exemption (PRE) on 

the above parcel for the above year(s) based on information that an owner did not 

occupy the property as a principal residence. An appeal requesting an informal conference 

with the Hearings Division was received and referred to the PRE Unit for further review.

Based on a review of all available information, it has been determined that the parcel listed 

above is entitled to a principal residence exemption under MCL 211.7cc. Therefore, we will 

notify the local assessor and the county treasurer that the PRE shall be reinstated at 

the original percentage for the above tax year(s).

We will also notify the Hearings Division that an informal conference will not be necessary.

We apologize for any inconvenience this may have caused. If you have any 

questions, please contact the PRE Unit, Michigan Department of Treasury, PO Box 30440, 

Lansing, MI 48909, or call me at (517) 335-7487.

cc:

Sincerely,

Christopher Mida, Manager 

Principal Residence Exemption Unit 

P.O. BOX 30440  LANSING, MICHIGAN 48909 

www.michigan.gov/pre  (517) 335-7487

OVERTURN OF PRINCIPAL 

RESIDENCE EXEMPTION DENIAL

Property Address: 

Parcel ID:

Local Unit: 

County:

Dear

Tax Year(s):

File No:

August 19, 2024

Scott D Howard

1315 Fairlane Dr

Adrian, MI 49221-9404

1315 Fairlane Dr

AD0461055000

Adrian Twp

2020, 2021, 2022, 2023

Lenawee

2023-AP-1234

Scott D Howard:

Adrian Twp Assessor

Lenawee County Treasurer

Exhibit 2

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