Macatawa Bank 6.pdf
Macatawa Bank, Petitioner Vs. City Of Douglas, Respondent · 25-002800-TT
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RECEIVED JUN 04 2025 po. JC orl rs & MICHIGAN TAX TRIBUNAL RISE Rey STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR MACATAWA BANK, N.A. Petitioner(s) MICHIGAN TAX TRIBUNAL MTT Docket No. CITY OF THE VILLAGE OF DOUGLAS Respondent(s) ENTIRE TRIBUNAL PROPERTY TAX PETITION 1. Property Parcel No: 03-59-016-066-10 (If more than one parcel is at issue, attach a completed Multiple Parcel Petition Form addressing all other parcels at issue.) 2. The property identified above is X real ___personal. 3. If more than one parcel of real property is under appeal, are the properties contiguous? Yes ___No. (If no, separate Petitions are required for each non- contiguous parcel.) 4. Are all of the parcels of personal property located on a parcel of real property under appeal? ___Yes ___ No. (If no, separate Petitions are required for each parcel of personal property not located on a parcel of real property under appeal.) 5. If parcels of personal property are under appeal, when were the personal property statements filed by parcel number (attach additional page if necessary): N/A 6. The property identified above is classified as 201 Commercial-Improved
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MTT Docket No. Page 2 of 4 8. 10. 11. 12. 13. If a protest was required and no protest was made, list the separate and specific facts upon which Petitioner relies to invoke the Tribunal's authority over the assessment or assessments at issue (attach additional page if necessary): N/A If the appeal was not submitted by the deadline for the filing of an appeal for the classification or classifications of the properties at issue (i.e., May 31 or July 31 of the tax year involved), list the separate and specific facts upon which Petitioner relies to invoke the Tribunal's authority over the assessment or assessments at issue (attach additional page if necessary): Appeal is timely. The property or properties at issue are located in Allegan County. The property or properties’ address is: 132 S. Blue Star Highway, Douglas, Michigan 49406 The assessment or assessments at issue were established by the (applicable local governmental unit): City of Douglas Petitioner's legal residence or principal office address is: 10753 Macatawa Drive, Holland, Michigan 49424 This appeal involves issues relating to the (check all that are applicable): the property or properties’ true cash and taxable values X the property or properties’ taxable value only If the property or properties’ taxable value is at issue, is there a dispute as to the value of an addition or loss? ___ Yes X__No uniformity of the property or properties’ assessment
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MTT Docket No. Page 3 of 4 15. If more than the current tax year is being appealed, list the separate and specific facts upon which Petitioner relies to invoke the Tribunal’s authority over the prior tax year or vears (attach additional page if necessary): N/A 16. The values for the property identified above as established by Respondent's Board of Review are: Tax Year True Cash Value Assessed Value Taxable Value 2025 $982,800.00 $491,400.00 $491,400.00 17. Petitioner contends that the values for the property identified above are: Tax Year True Cash Value State Equalized Value Taxable Value 2025 $982,800.00 $491,400.00 $390,096.00 18. The values in dispute for the property identified above are: Tax Year True Cash Value State Equalized Value Taxable Value 2025 $0.00 $0.00 $101,304.00 19. Petitioner requests the following relief (attach additional page if necessary): Reinstatement of "cap" on the Property's Taxable Value. Please see attachment for additional information.
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MTT Docket No. Page 4 of 4 Signage stPeffjoner's Authorized Representative or, if none, Petitioner: — Printed Name of Petitioner's Authorized Representative or, if none, Petitioner: Peter D. Rhoades, Rhoades McKee PC Email Address: pdrhoades@rhoadesmckee.com Mailing Address: Rhoades McKee PC PO Box 2271 Holland MI 49422 Telephone Number: (616) 233-5237 Date: May 9, pry
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STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN TAX TRIBUNAL MACATAWA BANK, N.A,, a national banking association Petitioner, MTT Docket No. VS. CITY OF THE VILLAGE OF DOUGLAS, Respondent. Peter D. Rhoades (P49515) Jonathon J. Andersh (P81965) Rhoades McKee PC Attorneys for Petitioner PO Box 2271 Holland, MI 49422 (616) 233-5237 pdrhoades@rhoadesmckee.com ATTACHMENT TO ENTIRE TRIBUNAL PROPERTY TAX PETITION Petitioner, through its attorneys, Rhoades McKee PC, petitions this Tribunal as follows: 1. Petitioner, Macatawa Bank, N.A. (“Bank”), is a national banking association, with an address of 10753 Macatawa Drive, Holland, Michigan 49424. 2: Petitioner owns certain property with Property Parcel No. 03-59-016-066-10, commonly known as 132 S. Blue Star Highway, Douglas, Michigan 49406 (the “Property”). The Property is classified as 201: Commercial-Improved, Real Property.
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5. This matter involves Respondent’s decision to uncap the taxable value of the Property for the 2025 tax year. Petitioner disputes Respondent’s decision to uncap the taxable value of the Property. There is otherwise not a dispute relative to valuation, assessment or the value of any addition or loss. 6. Respondent issued its 2025 Notice of Assessment indicating that there was a transfer of ownership of the Property in 2024, and Respondent adjusted the taxable value of the Property so as to “uncap” its taxable value, increasing such amount by $113,034.00 or 29.87% over the previous year’s taxable value. 7. Petitioner did not execute and record a deed or similar instrument conveying title to the Property in 2024, but Petitioner assumes that Respondent decided to uncap the taxable value of the Property following the merger transaction involving Macatawa Bank Corporation and Wintrust Financial Corporation that closed on August 1, 2024 (the “Transaction”). 8. The Transaction involved the merger of Macatawa Bank Corporation, a Michigan corporation (“Bank Corp”), into a wholly-owned subsidiary of Wintrust Financial Corporation, an Illinois corporation (“Wintrust®). Bank Corp was the parent company of Petitioner. The Transaction did not cause a change in Petitioner, but a change in Petitioner’s parent company. 9. The Transaction was completed as a tax-free reorganization under Section 368(a) of the Internal Revenue Code of 1986 (the “IRC”). 10. The Bank continues to own the Property, and the Transaction did not involve any transfer or conveyance of the Property by deed or similar instrument.
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211.27a(7)(n), any direct or indirect transfer of property resulting from a transaction that qualifies as a tax-free reorganization under Section 368(a) of the IRC does not cause a “transfer of ownership.” 12. Without a transfer of ownership occurring, Respondent was not permitted to adjust the taxable value of the Property by more than an amount equal to the lesser of 1.05 or the inflation rate. MCL 211.27a(2)(a). 13. Petitioner appealed Respondent’s decision to uncap the taxable value of the Property during the 2025 March Board of Review. The 2025 March Board of Review denied Petitioner’s request. 14. Petitioner now requests that the Tribunal enter an order reinstating the cap on the Property’s taxable value, establishing the taxable value of the Property for the 2025 tax year as $390,096.00. Respectfully submitted, Dated: May 29, 2025 RHOADES McKEE PC Attorneys for Petitioner By: Perter D. Rhoades (P49515) PO Box 2271 Holland, MI 49422 (616) 233-5237 pdrhoades@rhoadesmckee.com
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Michigan Uepartment of 1reasury, 1018 fre, 10.5) THIS 15 NOT A TAX BILL Notice of Assessment, Taxable Valuation, and Property Classification This form is issued under the guthonty of PA. 206 of 1893, Sec. 211.24 (c) and Sec.211.34c, as amended. This is a model assessment notice o be used by the local assessor, L-4400 20 FROM CITY OF DOUGLAS THOMAS DOANE, ASSESSOR P.O. BOX 757 DOUGLAS, MI 49406 PARCEL NUMBER: PARCEL IDENTIFICATION 03-59-016-066-10 PROPERTY ADDRESS: 132 S BLUE STAR HWY DOUGLAS, Mi 49406 OWNER'S NAME & ADDRESS/PERSON NAMED ON ASSESSMENT ROLL: [553 PRINCIPAL RESIDENCE EXEMPTION % Exempt As "Homeowners Principal Residence™ 00% Fé eAAUTOCSALL FOR AADC 493 y . MACATAWA BANK % Exempt As "Qualified Agricultural Property”: 00% A gprs PAYABLE % Exempt As "MBT industrial Personal™ 00% HOLLAND, MI 49422-3119 % Exempt As "MBT Commercial Personal: 00% then Whim lHit fod dl ted Exempt As "Qualified Forest Property”: [| Yes [X] No Exempt As "Development Property": [J Yes No ACCORDING TO MCL 211.34¢ THIS PROPERTY iS CLASSIFIED AS: 201 Commercial PRIOR YEAR'S CLASSIFICATION IF DIFFERENT: 201 Commercial PRIOR pool Toe AMOUNT PRIOR YEAR TO YEAR: 2025 CURRENT YEAR 1. TAXABLE VALUE: 378,366 491,400 113,034 2. ASSESSED VALUE: 446,600 491.400 44.800 3. TENTATIVE EQUALIZATION FACTOR: 1.000 eel 4. STATE EQUALIZED VALUE (SEV): 446,600 491,400 44,800 5. There WAS or WAS NOT a transfer of ownership on this property in2024 WAS 6. Assessor Change Reason(s): Market Adjustment WINTRUST MERGER The 2025 Inflation rate Multiplier is: 1.031 Questions regarding the Notice of Assessment, Taxable Valuation, and Property Classification may be directed to the Following: Name: Phone: THOMAS DOANE 269-857-1438 Email Address: ASSESSOR@DOUGLASMI.GOV March Board of Review Appeal Information. The Board of Review will meet at the following dates and times: THE BOARD OF REVIEW WILL MEET MONDAY, MARCH 10 & TUESDAY, MARCH 11, 2025 TO CONSIDER APPEALS. IF YOU FEEL THE ABOVE VALUATION DOES NOT ACCURATELY REFLECT THE VALUE OF YOUR PROPERTY, PLEASE CALL 269-857-
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>, ) Form 618, Page 2 FOR BOARD OF REVIEW USE ONLY INSTRUCTIONS: Incorporate a copy of this form and the assigned number in the Board of Review minutes. Petition Number uf Parcel Code - M- 0 pla] 0 1. ASSESSED VALUE Disposition by Board of Review. The Board of Review must ol i a Denied | | Assessed Value Changed From to] Record of vote - Board or three member committeg,of board oN . - - FETTAN Chairperson: || Yes [No J Member: [<] Yes [| No Arils Member: i ves [No 2 fals tnitials Reason for board action If you disagree with the decision of the Board of Review regarding tentative assessed value, you may appeal that decision by filing a petition with the Michigan Tax Tribunal at P.O. Box 30232, Lansing, MI 48909. Commercial Real, Industrial Real, Developmental Real, Commercial Personal, Industrial Persenal and Utility Personal Property may be appealed by May 31. Agricultural Real, Residential Real, Timber-Cutover Real and Agricultura Personal Property may be appealed by July 31. The petition must be filed on a Michigan Tax Tribunal form or a form approved by the Michigan Tax Tribunal. Michigan Tax Tribunal forms are available at www.michigan.gov/taxirib, 2) TENTATIVE TAXABLE VALUE Disposition by Board of Review. The Board of Review must state the reason for its action below. Denied [| Tentative Taxable Value Changed From to Record of vote - Board or three member committee of board A Chairperson: Nl] Yes [No JYes [ JNo AH Iniffals Initials’ 7 Member: 0 Yes [Ino al Initials Reason for board action Pa BY heady If you disagree with the decision of the Board of Review regarding tentative taxable value, you may appeal that decision by filing a petition with the Michigan Tax Tribunal at P.O. Box 30232, Lansing, Mi 48809. Commercial Real, Industrial Real, Developmental Real, Commercial Personal, Industrial Personal and Utility Personal Property may be appealed by May 31. Agricultural Real, Residential Real, Timber-Cutover Real and Agricuttural Personal Properly may be appealed by July 31. The petition must be filed on a Michigan Tax Tribunal form or a form approved by the Michigan Tax Tribunal. Michigan Tax Tribunal forms are available at www.michigan.gov/taxtrib, 3. CLASSIFICATION Disposition by Board of Review. The Board of Review must state the reason for its action below. [Denied | ] Classification Changed From to Record of vote - Board or three member committee of board Chairperson: [| Yes [ | No Reason for board action Member: [Yes [| No Member: [| Yes [ | No initials Inftlals initials If you disagree with the decision of the Board of Review regarding classification, you may appeal by sending Form 2167 to the State Tax Commission at P.O. Box 30471, Lansing, Mi 48909 by June 30. 4. QUALIFIED AGRICULTURAL PROPERTY EXEMPTION Disposition by Board of Review. The Board of Review must state the reason for its action below. [] Exemption Request Denied [1 Exemption percent modified from % to % Record of vote - Beard or three member committee of board
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Michigan Department of Treasury
518 (Rev. 11-12)
Petition to Board of Review
L-4035
This form is issued under the authority of P.A. 206 of 1893, as amended. Filing is voluntary, however you may not appeal to the Michigan Tax Tribunal
or the State Tax Commission unless you first protest to the Board of Review.
TO BE COMPLETED BY OWNER OR OWNER'S AGENT
Owner's Name (Please Print or Type)
Petitioner's Name
(If Other than Owner.
Please Print or Type)
Macatawa Bank
Jon Andersh, Rhoades McKee PC, Attorney for Owner
Township or City
County
City of Douglas
Allegan
The undersigned protests the assessed value and/or the tentative taxable value and/or the property classification and/or the qualified
agricultural property exemption of the following described property:
Property Identified (Parce! code required. Property address & legal description optional)
132 S Blue Star Hwy (03-59-016-066-10)
——
—
.
Protested Item
N Assessed Value Cm Tentative Taxable Valus
] Classification
( Qualified Agricultural
Exempt
1. PROTEST OF ASSESSMENT
Property
Exemption
(Complete this section for a protest of assessed value and/or tentative taxable value)
Taxable Male.
Assessed Amount
Owner's Estimate of Tree-Saaiwyaines
Tentative Taxable Value
Year
$491,400
$390,096
$491,400
2025
2. PROTEST OF CLASSIFICATION
(Complete this section for a request to change the classification. The Board of Review must make their decision regarding classification in
accordance with Section 211.34c of the Michigan Compiled Laws. The Board of Review shall not be influenced by the effect that a particutar
classification has on that property's status as a homeowner's principal residence or qualified agricuitural property.)
Classification of property on this year's assessment roll
Classification should be {check one of the following):
a Agricultural
[7 Industrial
[7] Timber Cutover
[7] utility (Personal Property Only)
[] commercial
[7] Residential
{"] Developmental
3. PROTEST OF EXEMPTION FOR QUALIFIED AGRICULTURAL PROPERTY
(If the assessor has denied or changed the percentage of the exemption from the 18 milis of focal school operating tax for qualified agricultural
property, the owner may appeal this action to the March Board of Review. THE BOARD OF REVIEW HAS NO AUTHORITY TO CONSIDER OR ACT
UPON THE EXEMPTION FROM THE 18 SCHOOL OPERATING MILLS FOR HOMEOWNER'S PRINCIPAL RESIDENCE PROPERTIES.)
Percent qualified agricultural exemption granted by assessor (Enter 0 if exemption
Percent qualified agricuitural exemption requested by owner (Enter 100 if full
dented}
exemption requested)
4. REASON FOR PROTEST
State reason(s) for protest of assessed value and/or the tentative taxable value and/or classification and/or qualified agricultural property exemption
See enclosed letter. Protest of decision to uncap the taxable value in 2025, citing a transfer of ownership in 2024.
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Legal counsel will review this further going forward. [fit is determined that an uncapping should not have occurred, it wilt be remedied accordingly. | would imagine this will be appealed to the MTT in the meantime. Are certain types of trading transactions considered not to be normal public trading? Yes. The six trading situations listed below are not normal public trading. Any of these six trading situations could result in a transfer of ownership (provided that no statutory exception or exemption applies): 1. The merger of two or more companies 2. The acquisition of one company by another or by an individual 3. The initial public offering (IPO) of the stock of a company 4. A secondary public offering of the stock of a company (a secondary public offering occurs when a company whose stock is already publicly traded issues additional new stock for sale to the public) 5. The trading of the stock of a privately held company (a privately held company is a company whose stock is not available for sale to the public) 6. A takeover involving a public offer by someone to buy stock from present stockholders in order to gain control of a company
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Reta = RDC