25-002737.pdf
Richard C Cawthray, Petitioner V Township Of Fenton, Respondent · 25-002737-TT
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RECEIVED AUG 27 2025 ie “ICHIGAN TAX TRIBUNAL STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON |. BROWN, DPA GOVERNOR TANS DIRECTOR EERE EA Rn Sore : MICHIGAN TAX TRIBUNAL Petitioner(s) v MTT Docket No. 25-002737 Township of Fenton , Respondent(s) MOTION FOR RECONSIDERATION 1. | wish this Tribunal to reconsider Special Assessment method used by Fenton Township. 2. Good cause exists to grant reconsideration because: My original filing was rejected because it was received beyond the 30 day window allowed. | screwed up and take full responsibility. I'am humbly requesting an appeal be granted so the underlying issue of Application of Special Assessments in Fenton Township can be resolved and made compliant with Current Michigan Statute. Thank you for your time and attention to this matter. Attached please find the background information for your review and understanding of the basis of my dispute. / / 3. | ask this Tribunal to grant my request for reconsideration. a heréy—" freuen Cawnerny [Print/type name of person signing] | certify that on this date | served a copy of this Motion, and any additional documentation, on the opposing party or their representative. Vw 20, 2025 ——— ’ ) UJ Date (sign here
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Basis for Reconsideration of Special Assessment eo Legal Foundation for Special Assessments o Special Assessments are utilized by municipalities to finance improvements for specific projects that benefit property owners within a designated Special Assessment District (SAD). Importantly, revenue from SADs cannot be used for general government spending. o According to Michigan law, decisions regarding special assessments are generally presumed valid if they meet two criteria: (1) the improvement must benefit the assessed property—not simply the community at large; and (2) the assessment amount must reasonably correspond to the benefit received. The justification for special assessments rests on the expectation that property values within the district will rise due to these improvements, making the benefits conferred pivotal to their validity. eo Benefit and Proportionality of Assessment o Anincrease in market value is considered a benefit resulting from special assessments. The Michigan Supreme Court has clarified that courts should not require strict dollar-for-dollar correspondence between the assessment amount and property benefit. An assessment will only be invalidated if a substantial or unreasonable disproportion exists between the amount levied and the benefit gained from the improvement. e |ssue of Disproportional Assessment on Non-Residential Property o The current challenge concerns the disproportionate assessments placed on non-residential garage properties within Haddon Street SAD on Lake Fenton, established to subsidize the replacement of Haddon Street due to severe disrepair. eo Assessment Method Concerns o Atthe November 2022 board meeting, the FULL SHARE/HALF SHARE assessment method was introduced. This method appears arbitrary and does not align with the legal principles outlined in Criteria 1 & 2 above. When questioned, the board did not provide an explanation for its choice. o Lake Fenton residential lots range from 40’ to over 100 feet in width. Owners of narrow forty-foot lots typically have an additional garage parcel across the
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annual property tax for my garage is about $900, and for my home it is nearly $10,000. The $5,207 garage assessment is excessive, as it does not enhance the garage’s value. It’s still just a garage. Both my home and garage share the same forty feet of road frontage, yet | pay 50% more for the same 40’ simply because of the additional garage parcel. The $5,207 garage assessment is almost six times the annual property tax. It's still a garage on a very small unbuildable lot that has essentially no market value. This creates a notable disparity, especially for those with'the smallest lots compared to owners of larger properties whose value is two to three times the value of my property. eo Request for Alternative Assessment Method o Atthe April 1, 2025, road repair meeting, | presented copies of newspaper articles to the board, documenting how other municipalities assess property owners for road repair. They all used the same assessment method. Each municipality divided the total project cost equally among all residents living within the SAD. o lIrequest the Michigan Tax Tribunal strike down Fenton Township Half Share/Full Share Assessment Policy as it does not comply with Criteria 1 & 2 stated above. = The SAD half share neither: (1) confers any benefit on the assessed garage property (2) is not reasonably proportionate to the benefit derived from the improvement as it does not add any additional retail value to the garage property. = Include all residents with a Haddon Street address on the Haddon Street Assessment Roll.
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RICK CAWTHRAY METROPLEX MI 480 12127 W. Pierson Rd. | Flushing, ME45:3 21 AUG 2025 PM17L Jean] Tk Tel Bum Me JW. OTTAWA = J ANSING, PE. 2957 AEEEI- OTHE fii pH JR ded gi pee Be