Harris 703 50th St.pdf
John S Harris, Petitioner V Township Of Lee, Respondent · 24-003784-TT
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Page 1
RECEIVED
AUG 02 2024
MICHIGAN TAX TRIBUNAL
STATE OF MICHIGAN
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
LANSING
MARLON |. BROWN, DPA
GRETCHEN WHITMER
DIRECTOR
GOVERNOR
PROPERTY TAX APPEAL PETITION FORM
PRINCIPAL RESIDENCE EXEMPTION / QUALIFIED AGRICULTURAL EXEMPTION
Pursuant to Michigan Tax Tribunal Rule (TTR) 277(3), you MUST submit a copy of the notice giving rise to the appeal (e.g.
document, you may be placed in default.
Notice of Denial or Board of Review Decision) with this Small Claims Petition, if applicable. If you do not submit this
Section 1: Petitioner’s Contact Information
First Name
John
M..
S.
Last Name/Company Name
Harris
Mailing Address (No., Street, P.O. Box or Rural Route)
00520 46th St.
City or Town
State
ZIP Code
Blomingdale
MI
149026
Telephone Number
Fax Number
E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail)
Section 2: Petitioner’s Attorney/Authorized
M.L.
Representative’s Contact Information
First Name
.
Adam
J.
Last Name
Brody
Firm Name (if any) VARN uU M LLP
Address (No., Street, P.O. Box or Rural Route)
616-336-6461
P.O. Box 352
City or Town
State
ZIP Code
Grand Rapids,
Ml
{49501-0352
Telephone Number
Fax Number
616-336-7000
ajbrody@varnumlaw.com
E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail)Page 2
STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR Section 3: Subject Property Information Parcel identification Number: How many if you are appealing more than one parcel, are they contiguous or adjoining? parcels areyou | [7] ves* No** appealing? *If yes, use a multiple parcel form for Information regarding any contiguous parcels. 0 ne *+f no, you must file separate appeals for each non-contiguous or nen-adjoining parcel or you will be defaulted, Property Address (No., Street, City, ST, ZIP) [If multiple, list first property's address] 745 58th Street, Pullman, Michigan 49450 Taxing Authority (City or Township) County Lee Township Allegan Classification of Property: Agricultural Commercial Industrial Residential Timber-Cutover Developmental Utility (check one) % Section 4: Check which of the following you are appealing [I] Principal Residence Exemption Qualifled Agricultural Exemption Section 5: Explain the Reason for this Appeal See Attached. Section 6: Jurisdictional Issues List the tax year(s) denied: 2024 Indicate who denied the exemption under appeal: Assessor County Treasurer or Equalization Michigan Dept. of Treasury July Board of Review December Board of Review Other
Page 3
STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR Fee Information A fee of $25.00 is required for the filing of this appeal unless you possess a Principal Residence Exemption of at least 50% at the time of the filing of this petition. Signature *required A Petitioner or Attorney/Authorized Represéstative’s Signature: NEA aN Adam J. Brody =z
Page 4
STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN ADMINISTRATIVE HEARING SYSTEM MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION JOHN S. HARRIS, Petitioner, MTT Docket No. v. Parcel No. 0312-017-014-11 LEE TOWNSHIP, Respondent. Adam J. Brody (P62035) Deborah I. Ondersma (P55907) VARNUM LLP Attorneys for Petitioner 333 Bridge Street, NNW. P.O. Box 352 Grand Rapids, MI 49501-0352 (616) 336-6000 ajbrody@varnumlaw.com diondersma@varnumlaw.com ATTACHMENT TO SMALL CLAIMS PETITION At all relevant times, the Property has been used in connection with Petitioner's blueberry farming operation. Prior to 2024, the Property was classified as agricultural and was the recipient of a qualified agricultural property exemption. For tax year 2024, however, Respondent changed the classification of the Property to residential and also rescinded the qualified agricultural
Page 5
Under Michigan law, a property does not need to be classified as agricultural in order to receive the qualified agricultural property exemption. To the contrary, real property is entitled to receive the qualified agricultural property exemption if it is either classified as agricultural or if it is devoted primarily (i.e. more than 50%) to agricultural use. The Property is devoted primarily to | agricultural use. In fact, the Property is devoted entirely to agricultural use. Because the Property is devoted entirely to agricultural use, it qualifies for the qualified agricultural property exemption, despite its classification as residential. In light of the foregoing, Petitioner respectfully requests that the Tribunal enter a judgment in his favor reinstating the qualified agricultural property exemption for the Property, ordering a refund, with interest, of all taxes paid in excess of the proper and legal amount, and providing any other relief to which Petitioner may be entitled. 25959125.1
Page 6
2024 BOARD OF REVIEW 03/19/2024 12:25 PM DECISION FROM HEATHER JAHR LEE TOWNSHIP ASSESSOR 877 56TH ST PULLMAN, MI 49450 NAME AND ADDRESS OF OWNER OR PERSON NAMED ON ASSESSMENT ROLL: PROPERTY IDENTIFICATION: (Parcel Code required. Property address and legal description optional.): 0312-017-014-11 745 58TH ST HARRIS JOHN § 00520 46TH ST COM AT NW COR SW 1/4 NW 1/4 TH 8 242 TO POB THE BLOOMINGDALE MI 49026 121.19" THN 23 DEG 57' 22" E 83.65' THE 126.53 TH S 108' TH (02) W 282' THN 30' TO POB SEC 17 TIN R15W TAX MAP: 0.46 AC THIS PROPERTY IS CLASSIFIED 401 (RESIDENTIAL-IMPROVED) Thank you for attending this years March Board of Review. The Board has reviewed tei information you supplied and the data necessary to compute your assessment and taxable value. The Board has completed their review of parcel number 0312-017-014-11 They have made the following determination based on the information you supplied. Board of Review Comments PROPERLY CLASSED PER MCL 211.34C 2024 ORIGINAL ASSESSED VALUE 20, 000 | | 2024 "BOARD OF REVIEW" ASSESSED VALUE 20 000 (If the above amounts are the same, no revisions have occured) [2024 ORIGINAL TAXABLE VALUE 9]583 [2024 "BOARD OF REVIEW" TAXABLE VALUE 0,583 | [2024 PRINCIPAL RESIDENCE EXEMPTION/QUALIFIED AG 0.0000 | 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 letier appeals. Rather, you are required to 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 7
RECEIVED
STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFF/
GOVERNOR
LANSING
PROPERTY TAX APPEAL PETITION FORM
PRINCIPAL RESIDENCE EXEMPTION / QUALIFIED AGRICULTURAL EXEMPTION
Pursuant to Michigan Tax Tribunal Rule (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 Petition, if applicable. If you do not submit this
document, you may be placed in default.
Section 1: Petitioners Contact Information
First Name
M.l.
Last Name/Company Name
John
S.
[Harris
Mailing Address (No., Street, P.O. Box or Rural Route)
00520 46th St.
City or Town
State
ZIP Code
Blomingdale
Ml
{49026
Telephone Number
Fax Number
E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail)
Section 2: Petitioner’s Attorney/Authorized Representative’s Contact Information
First Name
5
M.1.
Last Name
Adam
J.
Brody
meme
ARNUM LLP
Address (No., Street, P.O. Box or Rural Route)
P.O. Box 352
City or Town
State
ZIP Code
Grand Rapids,
MI
|49501-0352
Telephone Number
Fax Number
616-336-6461
616-336-7000
E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail)
ajbrody@varnumlaw.comPage 8
STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING Section 3: Subject Property Information MARLON I. BROWN, DPA DIRECTOR Parcel Identification Number: How many If you are appealing more than one parcel, are they contiguous or adjoining? parcels are you | [] yegr No** appealing? *Iif yes, use a multiple parcel form for information regarding any contiguous parcels. 0 ne **Hf 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] 745 58th Street, Pullman, Michigan 49450 Taxing Authority (City or Township) County Lee Township Allegan Classification of Property: Agricultural Commercial Industrial Residential Timber-Cutover Developmental Utility (check one) Section 4: Check which of the following you are appealing [| Principal Residence Exemption Qualified Agricultural Exemption Section 5: Explain the Reason for this Appeal See Attached. Section 6: Jurisdictional Issues List the tax year(s) denied: 2024 indicate who denied the exemption under appeal:
Page 9
GRETCHEN WHITMER GOVERNOR Fee Information STATE OF MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA LANSING DIRECTOR the filing of this petition, A fee of $25.00 Is required for the filing of this appeal unless You possess a Principal Residence Exemption of at least 50% at the time of S ig nature *Required 7 Petitioner or Attorney/Althorized Represe, tative’s Signature: a V4 Adam J. Brody — j
Page 10
STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN ADMINISTRATIVE HEARING SYSTEM MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION JOHN S. HARRIS, Petitioner, MTT Docket No. \2 Parcel No. 0312-017-014-11 LEE TOWNSHIP, Respondent. Adam J. Brody (P62035) Deborah 1. Ondersma (P55907) VARNUM LLP Attorneys for Petitioner 333 Bridge Street, N.W. P.O. Box 352 Grand Rapids, MI 49501-0352 (616) 336-6000 ajbrody@varnumlaw.com diondersma@varnumlaw.com ATTACHMENT TO SMALL CLAIMS PETITION At all relevant times, the Property has been used in connection with Petitioner's blueberry farming operation. Prior to 2024, the Property was classified as agricultural and was the recipient of a qualified agricultural property exemption. For tax year 2024, however, Respondent changed the classification of the Property to residential and also rescinded the qualified agricultural
Page 11
Under Michigan law, a property does not need to be classified as agricultural in order to receive the qualified agricultural property exemption. To the contrary, real property is entitled to receive the qualified agricultural property exemption if it is either classified as agricultural or if it is devoted primarily (i.e. more than 50%) to agricultural use. The Property is devoted primarily to agricultural use. In fact, the Property is devoted entirely to agricultural use. Because the Property is devoted entirely to agricultural use, it qualifies for the qualified agricultural property exemption, despite its classification as residential. In light of the foregoing, Petitioner respectfully requests that the Tribunal enter a judgment in his favor reinstating the qualified agricultural property exemption for the Property, ordering a refund, with interest, of all taxes paid in excess of the proper and legal amount, and providing any other relief to which Petitioner may be entitled, 25959125.1
Page 12
03/19/2024 12:25 pM 12024 BOARD OF REVIEW DECISION FROM HEATHER JAHR LEE TOWNSHIP ASSESSOR 877 56TH ST PULLMAN, MI 49450 NAME AND ADDRESS OF OWNER OR PERSON NAMED ON ASSESSMENT ROLL: PROPERTY IDENTIFICATION: (Parcet Code required. Property address and legal description optional): 0312-017-014-11 745 58TH ST HARRIS JOHN S 00520 46TH ST COM AT NW COR SW 1/4 NW 1/4 TH S 242 TO POB THE BLOOMINGDALE MI 49026 121.19" TH N 23 DEG 57' 22" E 83.65" THE 126.53 TH S 108' TH W 282' THN 30' TO POB SEC 17 TIN RISW TAX MAP: 0.46 AC (02) 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 parcel number 0312-017-014-11 They have made the following determination based on the information you supplied. Board of Review Comments PROPERLY CLASSED PER MCL 211,34C [2024 ORIGINAL ASSESSED VALUE 20,000 | [2024 "BOARD OF REVIEW" ASSESSED VALUE 20,000 | (If the above amounts are the same, no revisions have occured) | 2024 ORIGINAL TAXABLE VALUE 9,583 | 2024 "BOARD OF REVIEW" TAXABLE VALUE 9,583 | | 2024 PRINCIPAL RESIDENCE EXEMPTION/QUALIFIED AG 0.0000 Please feel free to contact the assessor at the address listed above or call if yon have any questions. “Effective March 1, 2013, the Tribunal is no longer able to accept Small Claims letter appeals. Rather, you are required to file a petition to initiate a new Small Claims appeal. Petition forms are available on this website.” hitp://www.michigan.gov/taxtrib/0,4677,7-187-38254---,00.htm}
Page 13
VVARNUM Bridgewater Place | Post Office Box 352 Grand Rapids, Michigan 49501-0352 Telephone 616 / 336-6000 | Fax 616 / 336-7000 | www.varnumlaw.com Adam J. Brody Direct 616 / 336-6461 ajbrody@varnumlaw.com July 26, 2024 VIA UPS NEXT DAY AIR Michigan Tax Tribunal 2nd Floor MTT 2407 N. Grand River Avenue Lansing, MI 48906 Re: John S. Harris v. Lee Township Greetings: Please find enclosed three separate Property Tax Appeal Petitions for Principal Residence Exemption/Qualified Agricultural Exemption for the following properties, along with the accompanying filing fee for each: e 703 50th St., Grand Junction, Michigan 49056; e 719 50th St., Grand Junction, Michigan 49056; and e 745 58th Street, Pullman, Michigan 49450 We have also enclosed an extra copy of each Petition to be date stamped and returned in the enclosed, self-addressed stamped envelope. Thank you. Very truly yours, VARNM
Page 14
Vendor: STATE OF MICHIGAN VARNUM ATTORNEYS AT LAW BRIDGEWATER PLACE + POST OFFICE BOX 352 GRAND RAPIDS, MICHIGAN 49501-0352 TELEPHONE 616/336-6000 Vendor No.: 003132 No 638444 Date: 07/26/2024 Invoice Date 07/26/2024 Invoice Number Description 07.26.2024/25.00 FILING FEE- 745 58TH STREET Detach Voucher Before Cashing
Page 15
BUSINESS RE FIRST-CLASS MAIL PERMIT NO. POSTAGE WILL BE PAID Sei fda PO BOX 352 GRAND RAPIDS TU FE TET H TR
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