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25-002737.pdf

Richard C Cawthray, Petitioner V Township Of Fenton, Respondent · 25-002737-TT

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Page 1

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

Page 2

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

Page 3

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.

Page 4

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 

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