Energy Developments Byron Center ET Property Tax Petition Signed 2026 by CEM.pdf
Energy Developments Byron Center, LLC Petitioner Vs. Township Of Byron Respondent · 26-000639-TT
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& STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR Energy Developments Byron Center, LLC | MICHIGAN TAX TRIBUNAL Petitioner(s) \% MTT Docket No. Byron Township ; Respondent(s) ENTIRE TRIBUNAL PROPERTY TAX PETITION 1. Property Parcel No: 41-21-89-300-016 (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.) Not applicable. 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.) Not applicable. 5. If parcels of personal property are under appeal, when were the personal property statements filed by parcel number (attach additional page if necessary): Not applicable. 6. The property identified above is classified as 301 Industrial-lmproved 7. If the assessment or assessments at issue were protested, the protest was made to Respondent's March July December Board of Review. Not applicable. See next paragraph. 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 48306
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MTT Docket No. Page 2 of 4 8. 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): Due to the classification of the subject property as industrial real property, Petitioner was not obligated to appeal the assessments to the local March Board of Review. MCL 205.735a(4)(a). 9. 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): Not applicable. 10. The property or properties at issue are located in Kent County. The property or properties’ address is: 10310 South Kent Drive SW Byron Center, Michigan 49315 See attached Exhibit 1. 11. The assessment or assessments at issue were established by the (applicable local governmental unit): Byron Township 12. Petitioner's legal residence or principal office address is: Energy Developments Byron Center, LLC, a Michigan limited liability company 2501 Coolidge Road, Suite 100 East Lansing, Michigan 48832 (517) 760-1208 stephanie.reeves@edlenergy.com 13. This appeal involves issues relating to the (check all that are applicable): X the property or properties’ true cash and taxable values 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 the property or the properties’ exemption from ad valorem taxation under MCL 14. The tax year(s) at issue are: 2026
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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 years (attach additional page if necessary): Not applicable. 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 2026 1,334,600 667,300 601,103 17. Petitioner contends that the values for the property identified above are: Tax Year True Cash Value State Equalized Value Taxable Value 2026 196,670 98,335 98,335 18. The values in dispute for the property identified above are: Tax Year True Cash Value State Equalized Value Taxable Value 2026 1,137,930 568,965 502,768 19. Petitioner requests the following relief (attach additional page if necessary): Petitioner hereby requests that the 2026 assessment to Petitioner be corrected to reflect that the Lessee-User Tax should only be charged on the 3.42 acres leased by Petitioner plus its building. Petitioner also requests that this Tribunal reduce the state equalized value, assessed value and the taxable value of the subject property to the amounts shown in Paragraph 17 above for tax year 2026 to reflect the true cash value of such 3.42 acres plus building, and order a refund with interest as provided by law on any taxes paid in regards thereto along with costs, attorney fees and all other relief to which Petitioner is entitled. 20. List the separate and specific facts upon which Petitioner relies to support the relief requested (attach additional page if necessary): See attached Exhibit 2.
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MTT Docket No. Page 4 of 4 Signature of Petitioner's Authorized Representafhp of if rae: Printed Name of Petitioner's Authorized Repr Christian E. Meyer (P56037) entative or, if none, Petitioner: Email Address: cmeyer@wnj.com Mailing Address: Warner Norcross + Judd LLP 150 Ottawa Avenue NW, Suite 1500 Grand Rapids, Michigan 49503 Telephone Number: (616) 752-2423 Date: April 17, 2026
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Exhibit 1 cto Ducane of Toor, THIS IS NOT A TAX BILL L-4400 Notice of Assessment, Taxable Valuation, and Property Classification oun This form is issued under the authonty of Public Act 206 of 1893, Sec 211 24c and Sec 211.34¢, as amended. This is a model assessment notice 10 be used by the local assessor [ FROM BYRON TOWNSHIP PARCEL IDENTIFICATION ASSESSOR TIMOTHY BAKER PARCEL NUMBER: 41-21-89-300-016 8085 BYRON CENTER AVE SW PROPERTY ADDRESS: BYRON CENTER MI 49315 10310 S KENT DR. SW RETURN SERVICE REQUESTED BYRON CENTER, MI 49315 SCHOOL DISTRICT CODE: 41040 OWNER'S NAME & ADDRESS/PERSON NAMED ON ASSESSMENT ROLL: EXEMPTIONS tous se AUTO SMIED ARDC 493 T25 P1 Ai iE % Exempt As "Homeowners Principal Residence™ 00% EDL ENERGY % Exempt As "Qualified Agricultural Property™ 00% RENT S i i" 2 oOi-CooLIne: ROXSaE 100 % Exempt As "MBT Industrial Personal”; 00% EAST LANSING, MI 48823-8015 % Exempt As "MBT Commercial Personal”: 00% IE | CY ETL ELC TT Fee TUT Te FE ELL Exempt As "Disabled Veteran or Survivi Hist lstybstssssafslsfos log pest iygd los hl ohid Srnt ha Dh orSuniing 1) yeq No Exempt As "Qualified Forest Property™ 0 Yes [X] No Exempt As "Development Property": [m] Yes x No LEGAL DESCRIPTION: Default Legal Description ACCORDING TO MCL 211.34c THIS PROPERTY IS CLASSIFIED AS: 301 Industrial PRIOR YEAR'S CLASSIFICATION IF DIFFERENT: 301 Industrial The change in taxable value will increase/decrease your tax bill PRIOR AMOUNT CURRENT CHANGE FROM for the 2026 year by approximately: $768 YEAR: 2025 Toa Ae CORRE YEAR 1. TAXABLE VALUE: 585,300 601.103 15.803 2. ASSESSED VALUE: 585,300 667,300 82,000 3. TENTATIVE EQUALIZATION FACTOR: 1.000 4. STATE EQUALIZED VALUE (SEV): 585,300 667,300 | 82,000 5. WAS THERE A TRANSFER OF OWNERSHIP i82025 THAT RESULTED IN A TAXABLE VALUE UNCAPPING? [7] Yes [x No 6. Assessor Change Reason(s): Market Adjustment The 2026 Inflation rate Multiplier is: 1.027 Questions regarding the Notice of Assessment, Taxable Valuation, and Property Classification may be directed to the Following: Name: Telephone Number: Email Address: Timothy T. Baker 616-878-6033 ASSESSOR@BYRONTOWNSHIP.ORG March Board of Review Appeal Information. The Board of Review will meet at the following dates and times: IF YOU BELIEVE YOUR ASSESSED VALUES ARE INCORRECT, YOU MAY APPEAL TO THE BOARD OF REVIEW. MEETINGS ARE MARCH 9 (SAM—12PM, 1PM-5PM) AND MARCH 10 (1PM-5PM, 6PM-9PM). CALL 616-878-6033 BEFORE MARCH 9 TO SCHEDULE AN APPOINTMENT. WALK-INS ARE ACCEPTED. APPEALS MAY BE MADE IN PERSON, VIRTUALLY, OR BY LETTER. THE BOARD MEETS AT THE BYRON TOWNSHIP HALL, 8085 BYRON CENTER AVE. CONTACT THE BYRON ASSESSING OFFICE AT 616-878-6033 OR ASSESSOR@BYRONTOWNSHIP.ORG
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Guidance regarding Form 1019, Notice of Assessment, Taxable Valuation, and Property Classification Not less than 14 days before the first meeting of the Board of Review, the assessment notice shall be mailed to the property owner. Property taxes are calculated based on the Taxable Value (Line 1). State Equalized Value is the Assessed Value multiplied by the Equalization Factor, if any. State Equalized Value must approximate 50% of market value. The Taxable Value number entered in the “Change from Prior Year to Current Year" Column, does not indicate a change in your taxes. The change in your tax bill is estimated above Line 1. State Equalized Value is the Assessed Value multiplied by the Equalization Factor, if any. State Equalized Value must approximate 50% of market value. IF THERE WAS A TRANSFER OF OWNERSHIP on your property in 2025, your 2026 Taxable Value will be the same as your 2026 State Equalized Value. IF THERE WAS NOT A TRANSFER OF OWNERSHIP on your property in 2025, your 2026 Taxable Value is calculated by multiplying your 2025 Taxable Value by 1.027 (Inflation Rate Multiplier for the current year). Physical changes in your property may also increase or decrease your Taxable Value. Your 2026 Taxable Value cannot be higher than your 2026 State Equalized Value. Tite Taxabie Value, the Assessed Value, ihe Siate Equalized Vaiue, the Property Classification, or the Transfer of Ownership may be appealed by filing a protest with the Local Board of Review. Protests are made to the Board of Review by completing a Board of Review Petition Form. A Petition Form may be obtained directly from the local unit or from the Michigan Department of Treasury's website at www.michigan.gov/taxes. Click on the “Property Taxes” box, select “Forms and Instructions,” then click on “Board of Review” to obtain a “Petition to the Board of Review,” Form 618 (L-4035). The denial of an exemption from the local school operating tax for “qualified agricultural properties” may be appealed to the local Board of Review. The denial of an exemption from the local school operating tax for a “homeowner's principal residence” may be appealed to the Michigan Tax Tribunal by filing a petition within 35 days of issuance of this notice. The petition must be a form approved by the Michigan Tax Tribunal, which are available at www.michigan.govitaxtrib. Filing a protest with the Board of Review is necessary to protect your right to further appeal exemption disputes and valuation disputes involving property classified Agricultural Real or Personal, Residential, or Timber-Cutover to the Michigan Tax Tribunal and classification appeals to the State Tax Commission. Properties classified Commercial Real, Industrial Real or Developmental Real may be appealed to the regular March Board of Review or to the Michigan Tax Tribunal by filing a petition by May 31. Commercial Personal, Industrial Personal, or Utility Personal Property may be appealed to the March Board of Review or to the Michigan Tax Tribunal by filing a petition by May 31 if a personal property statement was filed with the local unit prior to the commencement of the Board of Review as provided by MCL 211.19, except as otherwise provided by MCL 211.9m, 211.9n and 211.90. An appeal of properties classified as Agricultural Real or Personal, Residential, or Timber-Cutover must be made to the Michigan Tax Tribunal by July 31. The petition must be a form approved by the Michigan Tax Tribunal, which are available at www.michigan.govitaxtrib. Te claim a PRE, complete the ice Exemption Affidavit” (Morm 2368) and file it with your township or city of the year of the claim. A valid affidavit filed on or before June 1 allows an owner to receive a PRE on the current year summer and winter tax levy and subsequent tax levies so long as it remains the owner's principal residence. A valid affidavit filed after June 1 and on or before November 1 allows an owner to receive a PRE on the current winter tax levy and subsequent tax levies so long as it remains the owner's principal residence. 34165783-1
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20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. Exhibit 2 Energy Developments Byron Center, LLC (“Petitioner”) is a Michigan limited liability. Petitioner was formerly known as Granger Electric of Byron Center, LLC. Petitioner is a subsidiary of EDL Holdings (US), Inc., a Delaware corporation (“EDL”). EDL and its subsidiaries are commonly referred to as EDL Energy. EDL Energy is in the sustainable energy business and, among other things, operates facilities that capture the methane gas naturally produced by landfills and converts the gas to electricity. The County of Kent, a Michigan municipal corporation (‘Kent County”) owns Parcel No. 41- 21-36-300-016 located in the Township of Byron Center which Kent County operates as a landfill (“South Kent Landfill Property”). The South Kent Landfill Property is carried on the tax rolls as exempt under MCL 211.7m as property owned by a county and used for public purposes. The South Kent Landfill Property is 261.85 acres. Pursuant to a Landfill Gas and Collection System Lease (‘Lease’) between Petitioner and Kent County, Petitioner has the exclusive right to possess 3.42 acres of the South Kent Landfill Property from Kent County (the “Leasehold Real Property”). Located on the Leasehold Real Property is a building owned by Petitioner in which is located the generating equipment by which Petitioner uses methane gas collected at the South Kent Landfill Property to generate electricity. This is what the Leasehold Real Property is designed for. Petitioner pays personal property tax on the generating equipment under Parcel No. 41-50- 15-022-309. Petitioner does not have possession of any other portion of the South Kent Landfill Property. Byron Township seeks to assess the entirety of the South Kent Landfill Property to Petitioner for 2026. Petitioner does not contest that it owes the Lessee-User Tax under MCL 211.181 on its Leasehold Real Property, that is -- its building plus the 3.42 acres that it leases from Kent County. However, Petitioner does not owe Lessee-User Tax on the remainder of the South Kent Landfill Property, which is 258.43 acres. Therefore, Petitioner hereby requests that the 2026 assessment to Petitioner be revised to reflect that the Lessee-User Tax should only be charged on the 3.42 acres leased by Petitioner plus its building. Petitioner also requests that this Tribunal reduce the state equalized value, assessed value and the taxable value of the subject property to the amounts shown in Paragraph 17 above for tax year 2026 to reflect the true cash value of said 3.42 acres plus building, and order a
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refund with interest as provided by law on any taxes paid in regards thereto along with costs, attorney fees and all other relief to which Petitioner is entitled. 37. Respondent's assessment violates Article IX, Section 3, of the Michigan Constitution and MCL 211.27 regarding “true cash value’, and Article IX, Section 13 of the Michigan Constitution regarding uniformity and/or equal treatment. 341622841