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24-003999 PRE.pdf

David A Kopke, Petitioner V Township Of Franklin, Respondent · 24-003999-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 

 

David A Kopke, 

MICHIGAN TAX TRIBUNAL 

 

Petitioner, 

SMALL CLAIMS DIVISION 

 

v 

 

MTT Docket No. 24-003999 

 

Franklin Township, 

 

Case Type: Principal Residence 

 

Respondent. 

 

Exemption 

 

PROPOSED OPINION AND JUDGMENT 

 

Personnel Presiding: 

 

 

Kari L. Miles, Administrative Law Judge 

Location of Hearing: 

 

 

Telephone 

Hearing Held on: 

 

 

 

August 20, 2025 

Appearances on Behalf of Petitioner: 

Diane Kopke 

Appearances on Behalf of Respondent: Laura Erhart 

 

PROPOSED JUDGMENT 

 

Parcel No. 31-006-005-026-00 is entitled to a Principal Residence Exemption (PRE) 

under MCL 211.7cc. As a result, the property has a PRE of 100% for the 2024 tax year. 

 

PROCEDURAL HISTORY 

 

Respondent issued a notice denying the property’s PRE on September 5, 2024. 

 

Petitioner filed a petition with the Tribunal on September 27, 2024, and Respondent 

filed an answer on November 26, 2024. 

 

ISSUES AND APPLICABLE LAW 

 

The issue in this matter is whether Petitioner’s property qualifies for a PRE under MCL 

211.7cc. 

 

A petitioner must prove, by a preponderance of the evidence, that they are entitled to an 

exemption.1 

 

MCL 211.7cc provides that: 

 

A principal residence is exempt from the tax levied by a local school 

district for school operating purposes to the extent provided under . . . 

 

1 ProMed Healthcare v Kalamazoo, 249 Mich App 490; 644 NW2d 47 (2002).

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MTT Docket No. 24-003999 

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MCL 380.1211, if an owner of that principal residence claims an 

exemption as provided in this section. 

 

MCL 211.7dd provides that: 

 

Principal residence means the 1 place where an owner of the property has 

his or her true, fixed, and permanent home to which, whenever absent, he 

or she intends to return and that shall continue as a principal residence 

until another principal residence is established. . . . Principal residence 

includes only that portion of a dwelling or unit in a multiple-unit dwelling 

that is subject to ad valorem taxes and that is owned and occupied by an 

owner of the dwelling or unit. . . . Principal residence also includes all of an 

owner’s unoccupied property classified as residential that is adjoining or 

contiguous to the dwelling subject to ad valorem taxes and that is owned 

and occupied by the owner. Contiguity is not broken by a road, a right-of-

way, or property purchased or taken under condemnation proceedings by 

a public utility for power transmission lines if the 2 parcels separated by 

the purchased or condemned property were a single parcel prior to the 

sale or condemnation. . . . Principal residence also includes any portion of 

a dwelling or unit of an owner that is rented or leased to another person as 

a residence as long as that portion of the dwelling or unit that is rented or 

leased is less than 50% of the total square footage of living space in the 

dwelling or unit. 

 

MCL 211.7dd also provides that: 

 

Owner means any of the following: (i) A person who owns property or who 

is purchasing property under a land contract. (ii) A person who is a partial 

owner of property. (iii) A person who owns property as a result of being a 

beneficiary of a will or trust or as a result of intestate succession. (iv) A 

person who owns or is purchasing a dwelling on leased land. (v) A person 

holding a life lease in property previously sold or transferred to another. 

(vi) A grantor who has placed the property in a revocable trust. (vii) The 

sole present beneficiary of a trust if the trust purchased or acquired the 

property as a principal residence for the sole present beneficiary of the 

trust, and the sole present beneficiary of the trust is totally and 

permanently disabled. As used in this subparagraph, "totally and 

permanently disabled" means disability as defined in section 216 of title II 

of the social security act, 42 USC 416, without regard as to whether the 

sole present beneficiary of the trust has reached the age of retirement. 

(viii) A cooperative housing corporation. (ix) A facility as defined by former 

1976 PA 440 and registered under the continuing care community 

disclosure act, 2014 PA 448, MCL 554.901 to 554.993. 

 

MCL 211.7dd(b) provides that: “‘Person’ for purposes of defining owner as used in 

section 7cc means an individual.”

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MTT Docket No. 24-003999 

Page 3 of 5 

 

SUMMARY OF EVIDENCE 

 

A. Petitioner’s Evidence 

 

The exhibits offered by Petitioner may be viewed on lines 1 and 8 of the docket 

maintained in this case.2 

 

Based on the pleadings, admitted exhibits, and sworn testimony, Petitioner contends 

that he owns the subject property, and it is unoccupied and contiguous to his principal 

residence at 22614 Highway Loc Road. 

 

Petitioner’s representative testified that the subject property is contiguous to the existing 

PRE and is unoccupied. There is a vacant house with no appliances or furniture. No 

one stays in the house. The subject property has electricity and a well. Petitioner uses 

the property for storage and the outdoor sauna. Petitioner purchased the property on 

March 11, 2024. 

 

B. Respondent’s Evidence 

 

The exhibits offered by Respondent may be viewed on line 5 of the docket maintained 

in this case.3 

 

No exhibits were excluded from evidence. 

 

Based on the pleadings, admitted exhibits, and sworn testimony, Respondent contends 

that it was not known at the time of the PRE denial that the home on the subject 

property was unoccupied. 

 

Respondent’s representative testified that the subject is across the street from 

Petitioner’s house. The last time the assessor visited the property the house was 

occupied. Respondent did get a letter from Petitioner after the denial was issued stating 

the property is not occupied. Property owners regularly fill out the PRE affidavit 

incorrectly and Respondent cannot just go by what boxes are checked on the affidavit. 

If the property was not occupied it would qualify as being contiguous to the existing 

PRE. Respondent is not claiming the property is being occupied after receiving 

Petitioner’s letter. 

 

FINDINGS OF FACT 

 

The following facts were found to be proven by a preponderance of the evidence: 

 

 

2 The docket is located on the Tribunal’s website at Tax Docket Lookup Search Page and may be 

accessed by entering the docket number assigned to this case. 

3 The docket is located on the Tribunal’s website at Tax Docket Lookup Search Page and may be 

accessed by entering the docket number assigned to this case.

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MTT Docket No. 24-003999 

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1. The subject property is located at 22581 Highway Loc Road, Franklin Township, 

Houghton County. 

2. The subject property is classified as residential. 

3. Petitioner is an owner of the subject property. 

4. Petitioner filed an affidavit requesting the PRE for the subject property on August 

14, 2024. 

5. Respondent denied the request on September 5, 2024. 

6. Petitioner submitted a survey confirming that the subject property is contiguous 

to Petitioner’s principal residence at 22614 Highway Loc Road. 

7. Petitioner has had a 100% PRE at 22614 Highway Loc Road since 2020. 

 

CONCLUSIONS OF LAW 

 

The following authority and reasoned opinion supports the Tribunal’s determination: 

 

The subject property is contiguous to Petitioner’s existing PRE at 22614 Highway Loc 

Road. Petitioner submitted a survey confirming that the parcels are contiguous. MCL 

211.7dd(c) provides, in relevant part, that: 

 

Principal residence also includes all of an owner's unoccupied property 

classified as residential that is adjoining or contiguous to the dwelling 

subject to ad valorem taxes and that is owned and occupied by the owner. 

. . . Contiguity is not broken by boundary between local tax collecting 

units, a road, a right-of-way, or property purchased or taken under 

condemnation proceedings by a public utility for power transmission lines 

if the 2 parcels separated by the purchased or condemned property were 

a single parcel prior to the sale or condemnation. 

 

As stated in Eldenbrady v City of Albion,4 a contiguous property is required to be 

unoccupied meaning “without human occupants” and not vacant. Petitioner credibly 

testified that while there is a house on the subject property, it is not being occupied by 

Petitioner or anyone else. The house has no appliances and no furniture and is being 

used for storage. Respondent’s representative is not disputing that the subject property 

is unoccupied following receipt of Petitioner’s information. Having considered the 

testimony and evidence submitted, the Tribunal finds that the subject property is 

unoccupied within the meaning of MCL 211.7dd and Eldenbrady. Accordingly, the 

subject property shall be granted a 100% PRE for the 2024 tax year. 

 

JUDGMENT 

 

This is a proposed decision and not a final decision. As such, no action should be taken 

based on this decision. 

 

 

4 Eldenbrady v City of Albion, 294 Mich App 251; 816 NW2d 449 (2012).

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MTT Docket No. 24-003999 

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After the expiration of the time period for the opposing party to file a response to the 

exceptions, the Tribunal will review the case file, including the Proposed Opinion and 

Judgment (POJ) and all exceptions and responses, if any, and: 

 

a. Issue a Final Opinion and Judgment (FOJ) adopting the POJ as a Final 

Decision; 

b. Issue an FOJ modifying the POJ and adopting the Modified POJ as a Final 

Decision; or 

c. Issue an Order vacating the POJ and ordering a rehearing or such other 

action as is necessary and appropriate. 

 

EXCEPTIONS 

 

The 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). Exceptions must 

be signed and are limited to the evidence submitted prior to or at the hearing and any 

matter addressed in the POJ. There is no fee for filing exceptions. 

 

Parties must provide the opposing party with a copy of their exceptions and file proof of 

service with the Tribunal (i.e., submit a written statement indicating that the opposing 

party has been provided or “served” with a copy of the exceptions). Service on the 

opposing party can be made by mail, or if agreed to by the parties, by electronic service 

(i.e., email). The proof of service must be signed. 

 

The opposing party has 14 days from the date the exceptions are served on that party 

to file a written response with the Tribunal. Responses to exceptions must be signed. 

Parties must provide the opposing party with a copy of their response to the exceptions 

and file a signed proof of service with the Tribunal. 

 

If the parties fail to sign their exceptions or responses, or if they fail to submit a signed 

proof of service for the exceptions and/or responses, the Tribunal may not consider the 

exceptions or responses in issuing the FOJ. 

 

 

 

 

 

 

 

 

By _________________________________ 

Entered: September 25, 2025 

 

 

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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