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SC-Petition-Valuation(CORRECTED)503.pdf

Jimeyer Trust Petitioner V Township Of Elk Rapids Respondent · 26-001159-TT

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Page 1

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON I. BROWN, DPA 

GOVERNOR 

DIRECTOR 

LANSING 

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 

M.I. 

Last Name/Company Name 

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 2: Petitioner’s Attorney/Authorized Representative’s Contact Information 

First Name 

M.I. 

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 

appealing? 

If you are appealing more than one parcel, are they contiguous or adjoining? 

Yes* 

No** 

**If No, you must file separate appeals for each parcel 

Property Address (No., Street) 

City or Town 

County 

State 

ZIP Code 

Taxing Authority (City or Township) 

Jimeyer Trust

503 Ottawa Street

Elk Rapids

MI

49629

Aaron

T

Timlin

Elk Rapids

MI

49629



503 Ottawa Street

Elk Rapids

Antrim

MI

49629

Elk Rapids Township

(313) 444-4588

aaron@chalfonte.org

503 Ottawa Street

(313) 444-4588

aaron@chalfonte.org

2

Page 2

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON I. BROWN, DPA 

GOVERNOR 

DIRECTOR 

LANSING 

Section 4: Check which of the following you are appealing (check all that apply) 

True Cash and Taxable Value 

Taxable Value Only (calculation) 

Uncapping of Taxable Value 

Section 5: Explain the Reason for this Appeal 

Section 6: Jurisdictional Issues 

Did you protest the assessment at a Board of Review (BOR)? 

Yes 

No 

If Yes, check which BOR you attended: 

March 

July 

December 

If No, please check the applicable reason(s): 

Not required to attend 

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 

If you checked “other” above, explain: 

Year(s) under appeal: 



The Petitioner appeals the uncapping of the taxable value of properties held in the Jimeyer Trust following the death of Father 

James Meyer ("Jimeyer"), as well as the Board of Review's rejection of Petitioner's appeal on procedural grounds as allegedly 

beyond the filing deadline.

The properties were placed into the Jimeyer Trust prior to Father Meyer's death and continue to be owned by the trust. The 

Chalfonte Foundation has remained the beneficiary of the trust both before and after Father Meyer's passing. Petitioner contends 

that no "transfer of ownership" occurred under Michigan General Property Tax Act, including MCL 211.27a(6)(c), because the 

beneficial interest in the trust property remained the same.

Petitioner further contends that the retroactive uncapping was improper and was applied without a meaningful opportunity for review 

through the normal Board of Review process at the time the uncapping occurred. After discovering the uncapping, Petitioner made 

multiple attempts to resolve the matter directly with the assessor prior to filing the present appeal with the Board of Review.

Because the Board of Review rejected the petition as untimely without addressing the merits of whether the uncapping was lawful, 

Petitioner now seeks review by the Michigan Tax Tribunal and requests restoration of the capped taxable value of the subject 

properties.

Petitioner further notes that this Petition, Docket No. 26-001159, was originally filed listing both Parcel No. 05-43-010-310-00 and 

Parcel No. 05-43-010-303-00 together in error. These are two separate, non-contiguous parcels that must proceed as separate 

matters before the Tribunal. Petitioner requests that this Petition be corrected to proceed solely with respect to Parcel No. 

05-43-010-303-00. 





2022, 2023, 2024

Page 3

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON I. BROWN, DPA 

GOVERNOR 

DIRECTOR 

LANSING 

Section 7: Valuation Information *Use the multiple parcel form for additional, contiguous parcels. 

Parcel Number: 

Classification of Property: 

Real 

Personal 

(check one) 

Agricultural 

Commercial 

Industrial 

Residential 

Timber-Cutover 

Developmental 

Utility 

(check one) 

Assessed Value (also known as State Equalized Value) established 

by the Board of Review: 

Taxable Value established by the Board of Review: 

What do you believe is the fair market value (also known as true cash value)?

What do you believe is the assessed value? (multiply true cash 

value by .5) 

What do you believe is the taxable value? (cannot exceed 

assessed value) 

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? 

Yes 

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: 

/s/ 





219114.00

617000.00



05-43-010-303-00

308500.00

308500.00

128524.00

Page 4

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON I. BROWN, DPA 

GOVERNOR 

DIRECTOR 

LANSING 

PAPER FILING INSTRUCTIONS FOR 

VALUATION/UNCAPPING APPEAL 

Follow these instructions for completing this Small Claims petition form. For questions 

that are not answered by these instructions, please visit 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 

611 W. Ottawa St., Lansing, MI 48933 

U.S. Postal Mailing Address: PO BOX 30232, Lansing, MI 48909 

Other Carriers (UPS, FedEx, DHL): 

2nd Floor MTT, 2407 N. Grand River Avenue, Lansing, MI 48906 

Section 1: Petitioner’s Contact Information: “Petitioner” is the person, business, or 

entity filing the appeal. 

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

Petitioner does not have to be represented by an attorney or authorized representative 

to file an appeal with the Tribunal. If Petitioner is represented, provide all contact 

information for the attorney or authorized representative. If Petitioner elects to have an 

attorney or authorized representative, only the attorney or authorized representative will 

receive notices and other documents from the Tribunal. 

IMPORTANT: If the contact information for Petitioner or Petitioner’s attorney or 

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

email address to electronically serve all future notices and documents issued by the 

Tribunal. Once an email address is provided, a request to opt out of electronic service 

must be made in writing. 

Section 3: Subject Property Information: 

 

How many parcels are you appealing: List the number of parcels being 

appealed. 

 

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

indicate whether they are adjoining (i.e., next to each other). If multiple parcels 

are being appealed and they are not adjoining, you must file a separate petition 

for each non-adjoining parcel. 

 

Property Address: Provide the address of the property being appealed. Include 

Street address, City or Town, County, State, and Zip Code. 

 

Taxing Authority: Provide the name of the city OR township (not both) where 

the property being appealed is located. 

Section 4: Issues Being Appealed: Check all issues being appealed.

Page 5

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON I. BROWN, DPA 

GOVERNOR 

DIRECTOR 

LANSING 

Section 5: Explain the Reason for this Appeal: Explain the reason(s) for the appeal. 

Section 6: Jurisdictional Issues: 

 

Did you protest the assessment at a Board of Review (BOR): Indicate 

whether Petitioner protested the assessment at a BOR. 

 

If Yes, check which BOR you attended: If Petitioner protested the assessment 

at a BOR, check which month the BOR was held. 

 

If No, check the applicable reasons: If Petitioner did not protest the 

assessment at a BOR, indicate why Petitioner did not attend by checking the 

applicable reason(s). 

 

Year(s) under appeal: Identify the tax year(s) Petitioner is appealing. 

Section 7: Valuation Information: Use the Multiple Parcel Form for additional parcels, 

if necessary. 

 

Parcel Number: List the parcel number of the property being appealed. 

 

Classification of Property: Check the classification of the property being 

appealed. 

 

Assessed Value established by the BOR: Provide the assessed value (also 

known as state equalized value) established by the BOR for the tax year under 

appeal. NOTE: this information can be found on the assessment notice and/or 

the BOR decision. 

 

Taxable Value established by the BOR: Provide taxable value established by 

the BOR for the tax year under appeal. NOTE: this information can be found on 

the assessment notice and/or the BOR decision. 

 

What do you believe is the fair market value: Identify what Petitioner believes 

the fair market value (also known as true cash value) is for the tax year under 

appeal. 

 

What do you believe is the assessed value: Identify what Petitioner believes 

the assessed and state equalized value is for the tax year under appeal. 

Property is assessed at 50% of its true cash value, so multiply Petitioner’s 

contention of fair market value by .5 to calculate Petitioner’s contention of 

assessed and state equalized value. 

 

What do you believe is the taxable value: Identify what Petitioner believes the 

taxable value is for the tax year under appeal. Taxable value is the lesser of the 

property’s assessed/state equalized value or its “capped” value. 

*If a parcel is being appealed for multiple years, provide the requested valuation 

information for each year. Use a separate sheet of paper, if necessary.

Page 6

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON I. BROWN, DPA 

GOVERNOR 

DIRECTOR 

LANSING 

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: Check the appropriate box 

to indicate whether the property being appealed has a principal residence exemption of 

50% or more for all tax years at issue on the date the petition is or will be filed. 

If the property has a principal residence exemption of 50% or more on the date the 

petition is filed for all tax years at issue, no filing fee is required. 

If the property does not have a Principal Residence Exemption of at least 50% on the 

date the petition is filed for all tax years at issue, use the included chart to determine the 

required filing fee. Add $25.00 for each additional, adjoining parcel that you are 

appealing, not to exceed a total fee of $1,000.00. If there is more than one adjoining 

parcel under appeal, use the parcel with the highest State Equalized Value or Taxable 

Value in dispute for the base fee. Make the check payable to the State of Michigan. 

NOTE: The State Equalized Value in dispute is the difference between the State 

Equalized Value established by the BOR for the tax year under appeal and Petitioner’s 

contention of State Equalized Value, and the Taxable Value in dispute is the difference 

between the Taxable Value established by the BOR for the tax year under appeal and 

Petitioner’s contention of Taxable Value. 

If filing multiple petitions, please note that a separate payment (i.e., check, money order, 

or other draft payment) must be made for each individual petition. 

Signature: If Petitioner is unrepresented, Petitioner must sign the petition form. If an 

attorney or other authorized representative is identified in Section 2 of the petition form, 

the petition form must be signed by that representative and not petitioner. 

REMINDERS: 

Pursuant to TTR 279, a copy of the Board of Review decision or other notice 

giving rise to the appeal must be submitted with the petition unless the property 

is classified as (1) commercial, industrial, or developmental real, or (2) 

commercial, industrial, or utility personal, and a personal property statement was 

timely filed with the local unit of government. 

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

should also keep a copy for yourself.

Page 7

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON I. BROWN, DPA 

GOVERNOR 

DIRECTOR 

LANSING 

The Tribunal will issue a Notice of Filing after an answer is filed and indicate the case is 

ready for the scheduling of a hearing. 

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.

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