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Bofenstein.pdf

Jack Bodenstein, Chanie Bodenstein, Petitioners V Township Of Geneva, Respondent · 24-003920-TT

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>) 

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON I. BROWN, DPA 

GOVERNOR 

LANSING 

DIRECTOR 

PROPERTY TAX APPEAL PETITION FORM 

VALUATION / EXEMPTION / CLASSIFICATION APPEAL 

Do not use this form to appeal Principal Residence Exemption, Qualified Agricultural Exemption, Special Assessment, or 

Non-Property tax disputes. 

Pursuant to Michigan Tax Tribunal Rule (TTR) 277(3), you MUST submit a copy of the notice giving rise to the appeal 

(e.g. Board of Review Decision or Notice of Uncapping) with this Small Claims Petition, if applicable. If you do not 

submit this document, you may be held in default. 

Section 1: Petitioner’s Contact Information 

First Name 

m.I. 

Last Name/Company Name 

Jack/Chanie 

Bodenstein 

Mailing Address (No., Street, P.O. Box or Rural Route) 

68th St., Lot 29 

City or Town 

State 

ZIP Code 

South Haven 

Mi 

49090 

Telephone Number 

Fax Number 

E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) 

Section 2: Petitioner’s Attorney/Authorized Representative’s Contact Information 

First Name 

M.I. 

Last Name 

Stephen 

Polter 

Firm Name (if any) Polter Law Grou p 

Address (No., Street, P.O. Box or Rural Route) 

2600 W Big Beaver, Ste L100 

City or Town 

State 

ZIP Code 

Troy 

Mi 

48084 

Telephone Number 

Fax Number 

2482136800 

2482136801 

E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) 

spolter@polterlaw.com 

Section 3: Subject Property Information 

How many 

If you are appealing more than one parcel, are they contiguous or adjoining? 

parcels areyou | [] vest 

[] No** 

appealing? 

*If yes, use a multiple parcel form for information regarding any contiguous parcels.

Page 3

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON i, BROWN, DPA 

GOVERNOR 

LANSING 

DIRECTOR 

Section 4: Issues Being Appealed (check 

all that apply) 

[i# True Cash and Taxable Value 

Poverty Exemption 

[1 Taxable Value Only (calcutation) 

0 Disabled Veterans Exemption 

[1 Uncapping of Taxable Value 

[1 Eligible Manufacturing Personal Property (ESA) 

[CJ Exemption from Taxation (other than the denial of a 

3 Classification 

Principal Residence or Qualified Agricultural Exemption) 

Section 5: Explain the Reason for this Appeal 

Incomparable with other similarly situated properties (deck) 

Section 6: Jurisdictional Issues 

Year(s) you are appealing: 

2024 

Did you protest the assessment at a Board of Review (BOR)? [1 Yes 

[No 

If Yes, check which BOR you attended AND attach the BOR decision: [#4 March 

[J suly 

[] December 

If No, check the applicable reason(s): 

[C] Not required to attend 

[| Assessment Change Notice was not received by Petitioner 

[I] Appealing a purported Clerical Error or Mutual Mistake of Fact (if yes, include explanation in Section 5) 

O Appealing within 35 days of State Tax Commission Order

Page 4

STATE 

OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON I. BROWN, DPA 

GOVERNOR 

LANSING 

DIRECTOR 

Section 7: Valuation Information use the multiple parcel form for additional, contiguous parcels. 

Parcel Identification Number: 

80-09-995-029-00 

Classification of Property: 

Real 

Personal 

(check one) 

Agricultural 

Commercial 

Industrial 

Residential 

Timber-Cutover 

Developmental 

Utility 

{check one) 

[A 

Current Assessed Value (also known as State Equalized Value) as established by the BOR: 

19100 

Current Taxable Value as established by the BOR: 

18690 

What do you believe is the falr market value (also known as True Cash Value)? 

19100 

Multiply the True Cash Value by .5 and enter here. This is your contention of Assessed Value. 

9550 

If you believe the Taxable Value differs from your contention of Assessed Value, enter your contention of Taxable Value. 

Section 8: Classification Information only the Mi Dep't of Treasury may appeal this issue to the Tribunal* 

Parcel Identification Number: 

80-09-995-029-00 

Current Classification of Property as established by Board of Review: 

Real 

Personal 

{check one} 

Agricultural 

Commercial 

Industrial 

Residential 

Timber-Cutover 

Developmental 

Utility 

(check one) 

|] 

What do you believe is the property’s classification? 

Real 

Personal 

{check one) 

O 

Agricultural 

Commercial 

Industrial 

Residential 

Timber-Cutover 

Developmental 

Utility 

(check one) 

If improved property, how is the property currently being used? 

If improved property, for what use was the property designed?

Page 5

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON I. BROWN, DPA 

GOVERNOR 

LANSING 

DIRECTOR 

Fee Information 

Does the subject property have a Principal Residence Exemption of at least 50% as of the date of the filing of this petition? 

[1 ves 

No 

Are you appealing ONLY the denial of a Poverty Exemption or Disabled Veterans Exemption? 

[J Yes 

[| No 

if you answered yes to either or both of the above questions, you are not required to pay any filing fees. 

The filing fee is based on the greater of the State Equalized Value or Taxable Value in contention. 

If you are appealing more than one 

parcel, the parcel with the highest State Equalized Value or Taxable Value in contention will be used to determine your filing fee, plus 

$25.00 will be added for each additional parce! being appealed, not to exceed a total filing fee of $1,000. 

If your property is residential property (see MCL 205.762) and 

the State Equalized Value or Taxable Value in contention is: 

Filing Fee is: 

$100,000.00 and under 

$125.00 

$100,000.01 to $500,000.00 

$200.00 

$Over $500,000.00 

$300.00 

If your property is 

NOT residential property (see MCL 205.762) and 

the State Equalized Value or Taxable Value in contention is: 

Filing Fee is: 

$100,000.00 and under 

$250.00 

* Plus $25.00 for each additional parcel, as indicated above, 

If your property is 

NOT residential property and the State Equalized Value or Taxable Value in contention is $160,000.01 or greater the 

appeal does not qualify for Small Claims. Therefore, an Entire Tribunal petition must be filed. 

Signdtlire *requirea

Page 6

Michigan Department of Treasury 

Form 818, Page 2 

f 

" 

FOR BOARD OF REVIEW USE ONLY 

NZOTS Sy 7 

INSTRUCTIONS: Incorporate a copy of this form and the assigned number in the Board of Review minutes. 

Petition Number 

Parcel Code 

Vw 

80-09-995-029-00 

1. ASSESSED VALUE 

Disposition 

by Board of Review. The Board of Review must state the reason for its action below. 

TF 

boca 

0 

Assessed Value Changed From: 

I 

19,100 re: 

[ 

19 } 

{ Jo) 

1 

Record of Vote - Board or three member committee of board 

Chairperson: (Aves 

[J no 

3h. 

Member: 

[ves 

[J no =v 

Member: 

[HF ves 

[1 who 

| 

(La gre Lon (ages 

If you disagree with the decision of the Board of Review regarding tentative assessed value, you may appeat that decision by filing a petition with the Michigan Tax Tribunal at 

P.0.Box 30232, Lansing, Mi. 48909. Commercial Real, Industrial Real, Developmental Real, Commercial Personal, Industrial Personal and Utility Personal Property may be 

appealed by May 31. Agriculiural Real, Residential Real, Timber - Cut Over Real, and Agricultural Personal Property may be appealed by July 31. The petition must be filed on 

a Michigan Tax Tribunal for or a form approved by the Michigan Tax Tribunal. Michigan Tax Tribunal forms are available at www.michigan.gov/iaxtrib. 

2. TENTATIVE TAXABLE VALUE 

Disposition by Board of Review. The Board of Review must state the reason for its action below. 

0 

Denied 

[I 

Tentative Taxable Value Changed From: 

18,690 

To: 

Record of Vote - Board of three member committee of board. 

Chairperson: 

[7] ves 

[] 

NO Gmmz- 

Member: 

[] ves 

[7] 

NO mm 

Member: 

[J ves 

[7] Nom]. 

Reason for Board Action: 

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.0.Box 30232, Lansing, Mi. 48909. 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 - Cut Over Real, and Agricultural Personal Property may be appealed by July 31. The petition must be filed 

on a Michigan Tax Tribunai for 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. 

[1 

Denied 

[J] 

Classification Changed From: 

410 

To: 

Record of Vote - Board or three member committee of board. 

Chairperson: [J ves 

[1 Nom 

Member: 

[ves 

[7] 

NO me 

Member: 

[] ves 

[J wo Tes 

|: 

Reason for Board Action: 

If you disagree with the decision of the Board of Review regarding classificalion, appeal Js made by sending Form 2167 to the State Tax Commission, 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. 

1 

Exemption Request Denied 

M1 

Exemption percent modified from 

% To: 

% 

Record of Vote - Board or three member committee of board.

Page 7

Michigan Department of Treasury 

618 (Rev. 11-12} 

Petition to Board of Review 

4% 

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) 

Yanki & Chani Bodenstein 

Petitioner's Name 

(Hf Other than Owner. Please Print or Type) 

Yanki & Chani Bodenstein 

Township or City 

Geneva 

County 

Van Buren 

agricultural property exemption of the following described property: 

The undersigned protests the assessed vatue and/or the tentative taxable value and/or the property classification and/or the qualified 

80-09-995-029-00 

68th St. Lot 29, South Haven 

410 

Property identified (Parcel code required. Property address & tegal description optional) 

Protested ltem 

[x] Assessed Value 

1. PROTEST OF ASSESSMENT 

Tentative Taxable Value 

0 Classification 

[7 Qualified Agriculturat 

Property Exemption 

{Complete this section for a protest of assessed value and/or tentative taxable value) 

Assessed Amount 

$19,100 

Owner's Estimate of True Cash Value 

$19,100 

Tentative Taxable Value 

$18,690 

Year 

2024 

2. PROTEST OF CLASSIFICATION 

{Complete this section for a request to change the classification. The Board of Review must make their decision regarding ctassification in 

accordance with Section 211.34c of the Michigan Compiled Laws. The Board of Review shall not be influenced by the effect that a particular 

classification has on that property's status as a homeowner's principal residence or qualified agricultural property.) 

Casgeton of property on this year's assessment roll 

10 

Classification should be (check one of the following): 

] Agricultural 

1 Industrial 

["] commercial 

[¥] Residential 

iB Timber Cutover 

M Developmental 

J Utility (Personal Property Only) 

3. PROTEST OF EXEMPTION FOR QUALIFIED AGRICULTURAL PROPERTY 

{If the assessor has denied or changed the percentage of the exemption from the 18 mills of local 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 

denied) 

Percent qualified agricultural exemption requested by owner (Enter 100 if full 

exemption requested) 

4. REASON FOR PROTEST 

State reason(s) for protest of assessed value and/or the tentative taxable value andlor classification and/or qualified agricultural property exemption 

Wholly incomparable with other similarly situated properties.

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