Full record / 2025.07.25 Motion to Amend to Add Tax Year 2025 re Wychwood Cottages(27692051.1).pdf

2025.07.25 Motion to Amend to Add Tax Year 2025 re Wychwood Cottages(27692051.1).pdf

Wychwood Cottages LLC, Petitioner Vs. Township Of Crystal Lake, Respondent · 24-003607-TT

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STATE OF MICHIGAN 

DEPARTMENT OF LICENSING & REGULATORY AFFAIRS 

MICHIGAN ADMINISTRATIVE HEARING SYSTEM 

MICHIGAN TAX TRIBUNAL 

 

WYCHWOOD COTTAGES, LLC, 

 

 

 

Petitioner, 

 

 

 

MTT Docket No. 24-003607 

v. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PPN # 05-085-033-00 

CRYSTAL LAKE TOWNSHIP and 

BENZIE COUNTY, 

 

 

 

Respondents. 

 

 

 

 

 

 

 

 

Adam J. Brody (P62035) 

Deborah I. 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 

Michael D. Homier (P60318) 

Thomas K. Dillon (P81136) 

FOSTER, SWIFT, COLLINS & SMITH, P.C. 

Attorneys for Respondent Crystal 

 Lake Township 

1700 East Beltline, N.E., Suite 200 

Grand Rapids, MI 49525 

(616) 726-2258 

mhomier@fosterswift.com 

tdillon@fosterswift.com

_____________________________________ 

 

MOTION TO AMEND PETITION 

TO ADD TAX YEAR 2025 

 

Petitioner, Wychwood Cottages, LLC, by and through its attorneys, VARNUM LLP, states 

the following for its Petition against Respondents, Crystal Lake Township and Benzie County: 

1. 

Petitioner Wychwood Cottages, LLC ("Petitioner") is a Michigan limited liability 

company with its registered office at 4033 Eastern Sky, Traverse City, MI. 

2. 

Petitioner is the owner of and/or the party in interest with respect to the subject real 

property (the "Property") which is located in Crystal Lake Township, Benzie County, Michigan, 

and is more particularly described as: 

Parcel No. 

 

 

 

 Property Address 

05-085-033-00 

 

2469 Pilgrim Hwy, Frankfort, MI 49635

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2 

 

 

3. 

Respondent, Crystal Lake Township, assesses, levies and collects the property 

taxes on the Property. Respondent Benzie County collects "delinquent" property taxes on the 

Property. Crystal Lake Township and Benzie County will cumulatively be referred to herein as 

"Respondents." 

4. 

The Property is located in Benzie County and is located with the Frankfort Area 

Public School District. 

5. 

The Property is classified as 401 (residential-improved real property). 

6. 

The Property was originally constructed to be used as a place for family and friends 

to gather and reside, and it is currently used for the same purpose. 

7. 

This matter involves issues relating to taxable value. Specifically, this matter 

involves a delayed uncapping of tax years 2012 through 2023 and Petitioner’s 

challenge thereto. 

8. 

The tax years currently at issue are tax years 2012, 2013, 2014, 2015, 2016, 2017, 

2018, 2019, 2020, 2021, 2022, and 2023. Petitioner files this Motion to add tax year 2025 to the 

appeal. 

9. 

Petitioner did appeal this matter to Respondent’s March 2025 Board of Review, 

and Petitioner’s requested relief was denied. See Exhibit 1. 

10. 

The taxable and assessed values for the Property as established by Respondent’s 

Board of Review for tax year 2025 is as follows: 

Tax Year

Taxable Value

Assessed Value

2025 $924,942 

$1,758,000 

 

11. 

The correct taxable value for tax year 2025 as contended by Petitioner is as follows: 

Tax Year

Taxable Value

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3 

 

2025 

$617,579 

 

12. 

The total taxable value in dispute for tax year 2025 is as follows: 

Tax Year 

Petitioner’s Contended 

Taxable Value

Respondent’s Taxable 

Value

Taxable Value in Dispute 

2025 

$617,579 

$924,942 

$307,363 

 

13. 

Despite Respondents' recent recalculation of the Property's taxable values, there 

was no transfer of ownership under MCL 211.27a(6) and no other uncapping event in tax year 

2012 (calendar year 2011) or in any other year that is subject to this appeal. Thus, Respondents' 

effort to uncap the taxable values for the Property for the subject tax years violates Michigan law. 

14. 

Indeed, the Property has been owned and controlled by the same family and its 

descendants for over 100 years (since approximately 1917). 

15. 

Petitioner requests the reduction of the Property's taxable values to those identified 

as the Original Taxable Values in paragraphs 10 and 12 above. Petitioner further requests a refund 

with interest of taxes paid due to the original, incorrect assessment and any other relief this 

Tribunal deems appropriate. 

16. 

The tax year 2025 taxable value imposed on the Property, and the taxes to be levied 

and collected thereon, are invalid and unlawful and operate as fraud upon the taxpayer for the 

reason that the Property's taxable values exceed the amounts permitted by the Michigan 

Constitution and applicable statutes. 

 

 

WHEREFORE, Petitioner requests that the Tribunal grant the following relief: 

 

A. 

Reinstate the taxable values of the Property and reduce the tax year 2025 taxable 

value as follows: 

 

Tax Year

Original Taxable Value

2025 

$617,579

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B. 

Provide such additional relief to Petitioner as this Tribunal shall deem appropriate. 

 

 

 

 

 

 

 

VARNUM LLP 

 

 

 

 

 

 

Attorneys for Petitioner 

 

Dated: July 25, 2024 

 

By: /s/ Deborah I. Ondersma _____________ 

Adam J. Brody (P62035) 

Deborah I. Ondersma (P55907) 

 

 

 

 

 

 

Business Address/Telephone: 

 

 

 

 

 

 

 

333 Bridge Street, N.W. 

 

 

 

 

 

 

 

P.O. Box 352 

 

 

 

 

 

 

 

Grand Rapids, MI 49501-0352 

 

 

 

 

 

 

 

(616) 336-6000 

 

 

 

 

 

 

 

ajbrody@varnumlaw.com 

 

 

 

 

 

 

 

diondersma@varnumlaw.com 

27688686.1

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EXHIBIT 1

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