Full record / Graziano 24-003507 Motion to Dismiss Combined.pdf

Graziano 24-003507 Motion to Dismiss Combined.pdf

Stefan Graziano, Petitioner V City Of Berkley, Respondent · 24-003507-TT

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Page 1

STATE OF MICHIGAN 

DEPARTMENT OF LICENSING & REGULATORY AFFAIRS 

MICHIGAN OFFICE OF ADMINISTRATIVE HEARINGS AND RULES 

MICHIGAN TAX TRIBUNAL 

STEPHAN GRAZIANO, 

Petitioner, 

V 

MTT Docket No. 24-003507 

CITY OF BERKLEY, 

Respondent. 

RESPONDENT’S MOTION TO DISMISS 

It is Respondent’s position that the Tribunal lacks jurisdiction over the tax year appealed as Petitioner did not appeal 

to the local board of review as required by MCL 205.735a(3) and TTR 271(2). 

MCL 205.735a(3) states that “Except as otherwise provided in this section or by law, for an assessment dispute as to 

the valuation or exemption of property, the assessment must be protested before the board of review before the tribunal 

acquires jurisdiction of the dispute under subsection (6).” 

These requirements are also restated in TTR 271(2) which states “For an assessment dispute as to the valuation or 

exemption of property classified as agricultural real or personal, residential, real or timber-cutover real, the property’s 

assessment shall be protested to the local board of review, unless otherwise excused by law.” 

As Petitioner failed to protest the tax year at issue to the board of review as required by MCL 205.735a(3) despite 

proper notice being sent, Respondent requests that the appeal be dismissed. 

Respondent mailed copies of the Berkley 2024 Assessment Change Notices (ACN) on February 9, 2024. The 2024 

ACN was mailed to the mailing address listed as the primary address in the County’s Land and Address Management 

System (LAMS). 

Respectfully Submitted, 

Cindy Baker 

Representative for Respondent 

Dated: October 17, 2024 

By: 

Stephan Graziano 

22210 W River Rd 

Grosse Ile, MI 48138 

248-497-7144

Oakland County Equalization 

By: Cindy Baker 

Representative for Respondent 

250 Elizabeth Lake Rd. Ste. 1000 W 

Pontiac, MI 48341 

248-858-0776

Page 2

MTT Docket 24-003507 

Page 2 of 2 

 

 

 

Enc: 

Berkley 2024 Assessment Change Notice for subject property 

Affidavit of Mailing 

Screenshot of Land and Address Management System (LAMS) for subject property 

 

 

cc: Stephan Graziano

Page 3

AFFIDAVIT OF MAILING 

STATE OF MICHIGAN} 

COUNTY OF OAKLAND} 

Adam Bailey, being first duly sworn, says that he enclosed in a 

window envelope, 2024 Real Property Assessment Change Notices, then 

sealed the envelopes and 

mai 

otices to residents in Farmington, 

Rose Twp, Village of Ke 

Beles Roche Holly Twp and the Village 

of Holly. 

Affiant further states that he delivered said envelope to the Michigan 

Metroplex Post Office in the City of Pontiac, State of Michigan on the 9® 

day of February, 2024. 

Affiant further states that he placed such amount of postage in Oakland 

County’s Permit #14 account that is required by postal regulations for the 

mail to go Presorted First Class. 

ooo 

Adam Bailey, Oakland County Support Services Supervisor 

Subscribed and sworn to before me this a day of M Q Cla ,2024. 

Huts 

D “Nauplia 

Public Notary 

Kimberly b. Hampton 

Oakland County, Michigan 

My Corrmission expires A-H-2005

Page 4

WAS

6. Assessor Change Reason(s):

:

The change in taxable value will increase/decrease your tax bill for the

year by approximately:

(248)858-0776 or (248)858-0773

March Board of Review Appeal Information:

The Board of Review will meet at the Berkley City Hall on Tuesday, March 5th for an Organizational Meeting from

1:00 pm until 2:00 pm. Appointments will begin on:

Monday, March 11th from 2:15 pm until 5:15 pm and 6:15 pm until 9:15 pm.

Wednesday, March 13th from 10:00 am until 1:00 pm and 2:15 until 5:15 pm.

To schedule an appointment IN ADVANCE for the Board of Review,

please contact Oakland County Equalization Division at (248) 858-0773.

The Board of Review will accept written appeals if received by Wednesday, March 13th.

NOTE: Written appeals MUST be in letter form. Emails will NOT be accepted.

Oakland County Equalization

equal@oakgov.com

Market Adjustment

LEGAL DESCRIPTION:

2024

401 (RESIDENTIAL-IMPROVED)

Questions regarding the Notice of Assessment, Taxable Valuation, and Property Classification may be directed to the following:

Exempt As "Qualified Forest Property":

Exempt As "Development Property":

THIS IS NOT A TAX BILL

X

No

Yes

Notice of Assessment, Taxable Valuation, and Property Classification

Michigan Department of Treasury,

1019 (Rev, 1-24)

ACCORDING TO MCL 211.34c THIS PROPERTY IS CLASSIFIED AS:

5. There WAS or WAS NOT a transfer of ownership on this property in 

The 2024 Inflation Rate Multiplier is: 1.05

1. TAXABLE VALUE:

BERKLEY, MI 48072-3162

% Exempt As "Qualified Agricultural Property":

PARCEL IDENTIFICATION

9,430

110,310

9,430

PROPERTY ADDRESS:

No

X

Yes

PRINCIPAL RESIDENCE EXEMPTION

GROSSE ILE MI 48138-1433

OWNER'S NAME & ADDRESS/PERSON NAMED ON ASSESSMENT ROLL:

PARCEL NUMBER:

This form is issued under the authority of P.A. 206 of 1893, Sec. 211.24 (c) and Sec.211.34c, as amended. This is a model assessment notice to be used by the local assessor.

L-4400

FROM: CITY OF BERKLEY

MICHEAL R. LOHMEIER, ASSESSOR

3338 COOLIDGE HIGHWAY

BERKLEY MI 48072-1690

04-25-07-357-006

GRAZIANO, CECILE

3612 THOMAS AVE

22210 W RIVER RD

401 (RESIDENTIAL-IMPROVED)

PRIOR YEAR'S CLASSIFICATION:

CURRENT

TENTATIVE AMOUNT

YEAR:

PRIOR AMOUNT

YEAR:

CHANGE FROM

PRIOR YEAR TO

CURRENT YEAR

2023

2024

60,250

110,310

50,060

2. ASSESSED VALUE:

110,310

100,880

3. TENTATIVE EQUALIZATION FACTOR:

1.000

4. STATE EQUALIZED VALUE (SEV):

100,880

2023

% Exempt As "Homeowners Principal Residence":

.00%

% Exempt As "MBT Industrial Personal":

.00%

.00%

% Exempt As "MBT Commercial Personal":

.00%

$2,813 

T1N, R11E, SEC 7 ELLWOOD HEIGHTS LOT 252

Page 5

Records per Page:  10

Showing 1-10 of 35 result(s).

  Page  1

 of 4 

CVT:

City of Berkley

PIN:

(04) 25-07-357-006

Status:

Active

Parcel Type:

Land

Add Date:

Delete Date:

Parcel PDF:

Last Activity:

3/8/2024 9:55:09 AM

Audit Type: All

Audit Type

Previous Value

Current Value

Update Date Updated By

Comments

Address Info.

 Cecile Graziano

3612 Thomas Ave

Berkley MI 48072-3162

 Stefan Graziano

3612 Thomas Ave

Berkley MI 48072-3162

3/8/2024

9:55:08 AM

Phyllis Brown

Address Info.

 Cecile Graziano

22210 W River Rd

Grosse Ile MI 48138-1433

 Stefan Graziano

22210 W River Rd

Grosse Ile MI 48138-1433

3/8/2024

9:55:08 AM

Phyllis Brown

Document

Document ID: 876883

Status:

Active

Restrict View:

No

Record Card:

Yes

Structure:

Primary

View:

Front

Sort Order:

Comments:

Document ID: 876883

Status:

Inactive

Restrict View:

No

Record Card:

No

Structure:

Primary

View:

Front

Sort Order:

Comments:

4/28/2023

11:38:45 AM

Dianne

Woodside

Document

Document ID: 1230580

Status:

Active

Restrict View: No

Record Card:

No

Structure:

Primary

View:

Front

Sort Order:

Comments:

4/28/2023

11:38:38 AM

Dianne

Woodside

Document Deleted

Document

Document ID: 1230581

Status:

Active

Restrict View: No

Record Card:

No

Structure:

Primary

View:

Front

Sort Order:

Comments:

4/28/2023

11:38:30 AM

Dianne

Woodside

Document

Document ID: 1230580

Status:

Active

Restrict View: No

Record Card:

No

Structure:

Primary

View:

Front

Sort Order:

Comments:

4/28/2023

11:38:30 AM

Dianne

Woodside

Address Info.

 Cecile Graziano

10714 Ludlow Ave

Huntington Woods MI 48070-1525

 Cecile Graziano

22210 W River Rd

Grosse Ile MI 48138-1433

7/24/2019

10:01:02 AM

Phyllis Brown

Address Info.

 Cecile Graziano

10714 Ludlow Ave

Huntington Woods MI 48070-1525

6/11/2019

2:29:36 PM

Bryan Bemis

Address Info.

 Cecile Graziano

3612 Thomas Ave

Berkley MI 48072-3162

 Cecile Graziano

3612 Thomas Ave

Berkley MI 48072-3162

6/11/2019

2:29:36 PM

Bryan Bemis

Address Info.

 Michael Burke

3612 Thomas Ave

Berkley MI 48072-3162

 Cecile Graziano

3612 Thomas Ave

Berkley MI 48072-3162

1/23/2017

4:19:14 PM

Bryan Bemis

10/18/24, 3:04 PM

LAMS | Audit Trail

https://land.oakgov.com/LAMS/ParcelMaintenance/Audit/ParcelAudit.aspx

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