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24-003520 Piper v Weldon Twp.pdf

Debra Z Piper, Petitioner V Township Of Weldon, Respondent · 24-003520-TT

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STATE OF MICHIGAN

 

GRETCHEN WHITMER 

GOVERNOR 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

LANSING

MARLON I. BROWN, DPA 

DIRECTOR 

 

 

 

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 48906 

 

Debra Z Piper, 

MICHIGAN TAX TRIBUNAL 

 

Petitioner, 

SMALL CLAIMS DIVISION 

 

v 

 

MTT Docket No. 24-003520 

 

Weldon Township, 

 

Case Type: Valuation 

Respondent. 

 

 

 

PROPOSED OPINION AND JUDGMENT 

 

Personnel Presiding: 

 

 

Sean M. Mulchay, Administrative Law Judge 

Location of Hearing: 

 

 

Telephonic Hearing 

Hearing Held on: 

 

 

 

April 22, 2025 

Appearances on Behalf of Petitioner: 

Rachel Hillegonds, Debra Piper, and 

David Detman 

Appearances on Behalf of Respondent: Wyatt Crawford 

 

PROPOSED JUDGMENT 

 

The subject property’s taxable value (TV) was not properly adjusted under MCL 

211.27a. 

 

The subject property’s TV for the tax year at issue shall be as follows: 

 

 

Parcel Number: 12-101-004-00 

Year

TV

2024

$261,204

2025

$269,301

 

PROCEDURAL HISTORY 

 

Petitioner was required to protest the subject property’s assessment to the Board of 

Review (BOR). Petitioner protested the subject property’s assessment to the 2024 

March BOR. 

 

Petitioner filed a petition with the Tribunal on June 13, 2024, and Respondent filed an 

answer on October 4, 2024. 

 

The amount of state equalized value (SEV) or TV in dispute, as set forth in the 

pleadings, for all tax years at issue is within the jurisdictional limits of the Small Claims

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MTT Docket No. 24-003520 

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Division.1 Further, the property’s assessment for subsequent tax years is included in 

this proceeding.2 

 

ISSUES AND APPLICABLE LAW 

 

The issues in this matter are: 

 

1. Whether the TV exceeds the amount provided by MCL 211.27a. 

 

MCL 211.27a provides that a property’s TV is the lesser of the property’s SEV or 

capped TV, and a property’s capped TV is, absent a transfer of ownership, determined 

mathematically by taking into consideration the prior tax year’s TV, statutory losses, the 

lesser of the rate of inflation or 5%, and statutory additions, including omitted property 

(i.e., property not previously assessed).3 

 

2. Whether the changes to the property constitute additions under Proposal A or 

nonconsideration under Mathieu-Gast Home Improvement Act. 

 

MCL 211.27(2) states as follows: 

 

The assessor shall not consider the increase in true cash value that is a 

result of expenditures for normal repairs, replacement, and maintenance in 

determining the true cash value of property for assessment purposes until 

the property is sold. For the purpose of implementing this subsection, the 

assessor shall not increase the construction quality classification or reduce 

the effective age for depreciation purposes, except if the appraisal of the 

property was erroneous before nonconsideration of the normal repair, 

replacement, or maintenance, and shall not assign an economic condition 

factor to the property that differs from the economic condition factor 

assigned to similar properties as defined by appraisal procedures applied 

in the jurisdiction. The increase in value attributable to the items included in 

subdivisions (a) to (q) that is known to the assessor and excluded from 

true cash value must be indicated on the assessment roll. This subsection 

applies only to residential property. The following repairs are considered 

normal maintenance if they are not part of a structural addition or 

completion: 

 

(a) Outside painting. 

 

(b) Repairing or replacing siding, roof, porches, steps, sidewalks, or drives. 

 

(c) Repainting, repairing, or replacing existing masonry. 

 

(d) Replacing awnings. 

 

(e) Adding or replacing gutters and downspouts. 

 

(f) Replacing storm windows or doors. 

 

1 See MCL 205.762(1). 

2 See MCL 205.737(5)(b). 

3 See MCL 211.34d.

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MTT Docket No. 24-003520 

Page 3 of 10 

 

 

(g) Insulating or weatherstripping. 

(h) Complete rewiring. 

 

(i) Replacing plumbing and light fixtures. 

(j) Replacing a furnace with a new furnace of the same type or replacing an oil or 

gas burner. 

(k) Repairing plaster, inside painting, or other redecorating. 

(l) New ceiling, wall, or floor surfacing. 

(m) Removing partitions to enlarge rooms. 

(n) Replacing an automatic hot water heater. 

(o) Replacing dated interior woodwork. 

(p) Installing, replacing, or repairing an alternative energy system, without regard 

to ownership of the system, with a generating capacity of not more than 150 

kilowatts, the annual energy output of which does not exceed the annual energy 

consumption measured by the utility-provided electrical meter on the system to 

which it is connected. As used in this subdivision, "alternative energy system" 

means that term as defined in section 2 of the Michigan next energy authority 

act, 2002 PA 593, MCL 207.822. 

(q) Installing, replacing, or repairing a whole-home generator. 

 

 

SUMMARY OF EVIDENCE 

 

A. Petitioner’s Evidence 

 

Petitioner’s contentions of TV: 

 

Parcel Number: 12-101-004-00 

Year

TV

2024

$191,628

2025

$197,568

 

The exhibits offered by Petitioner may be viewed on lines 1 and 8 of the docket 

maintained in this case.4 

 

No evidence was excluded. 

 

Based on the pleadings, admitted exhibits, and sworn testimony, Petitioner contends 

that the Mathieu Gast Act was not applied by the BOR or the assessor. 

During the hearing, Petitioner’s attorney stated that the appeal involves 7854 

Washtenaw Drive, Thompsonville, Benzie County. The issue is whether Respondent 

properly applied the Mathieu Gast Act in determining the 2024 TV for the subject 

property. Petitioner’s attorney pointed out that, regardless of whether Form 865 

Request for Nonconsideration of True Cash Value of Normal Repair, Replacement and 

Maintenance Expenditures was submitted, the Mathieu Gast Act would still apply. 

 

4 The docket is located on the Tribunal’s website at Tax Docket Lookup Search Page and may be 

accessed by entering the docket number assigned to this case.

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MTT Docket No. 24-003520 

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Nevertheless, Petitioner has completed and signed a copy of the form and included it 

for consideration as part of this appeal. Petitioner made repairs and replacements to 

her home in 2021 and 2022. In addition, Petitioner added square footage in the form of 

a one-car garage, a small laundry room, and a bump out of the first floor living room, 

additional bedroom and bathroom on the second floor, and a covered front entrance. 

While Petitioner does not dispute these as “additions,” Petitioner claims that the repairs 

and replacements had nothing to do with the additional square footage added to the 

subject property and were necessary regardless of whether the additions were added. 

Petitioner should not be denied Mathieu Gast treatment because she added square 

footage to the house at the same time as making repairs and replacements to the 

subject property. The increase in TV in 2022 properly reflected the increase in value 

due to the additions not covered by Mathieu Gast and no further additions should have 

been recognized. In the alternative, if it is determined that the increase in TV should 

have occurred, Petitioner argues that the additions should have been added in 2023 

using the 2023 cost information based on the completion of the work in 2022, rather 

than being added in 2024. 

 

Petitioner’s attorney testified that the builder confirmed that repairs to doors, roofing, 

siding, walls, improvements in the kitchen, flooring, and HVAC were necessary because 

these items were old, beyond their useful life, and in need of replacement. The builder 

also confirmed that the materials were comparable in quality as to what was being 

replaced. The cost of the addition was no more than 33% of the total project costs. The 

builder indicated that less than 30% of the square footage was added to the subject 

property. Any item that did not previously exist, like the new windows, siding and 

roofing, were installed alongside the existing improvements and constituted less than 

30% of any category of improvement. Petitioner’s builder believed that the 40% 

increase in TV for 2022 fully covered the additions. Petitioner’s affidavit is consistent 

with the statements from Petitioner’s builder and provides additional details about the 

quality of the non-consideration items. Petitioner included receipts for materials along 

with photographs showing the progression of replacements and the location of the 

additions. While the home looks different because of the additions, Petitioner argues 

that the appearance is also impacted by the new siding, windows and doors, all of which 

are covered by Mathieu Gast. 

 

At the hearing, Petitioner testified that the information contained in her affidavit was 

largely provided by her, and the photographs and additional information about them 

came from Petitioner. Petitioner reviewed the affidavit prior to signing and confirmed all 

of the statements contained therein were accurate and true. Petitioner took the 

photographs that were attached to the affidavit and Petitioner added the notations on 

the photographs to make it clear what was being depicted. 

The Form 865 was prepared and completed by Petitioner. In doing so, Petitioner 

reviewed the overall cost of the project, along with some other itemized bills from the 

builder, including windows, doors and wood trim. Petitioner also included homes that 

are comparable to the subject property demonstrating that property values rose 

significantly in 2024 but that was not the case in 2023. By recognizing additions in 2024 

rather than 2023, Respondent is overinflating the value. The information about

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MTT Docket No. 24-003520 

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properties came from Benzie County and Crystal Mountain. The property is located at 

the Crystal Mountain Resort and Petitioner contacted the resort’s real estate office to 

determine which properties were most similar to the subject property. 

 

On rebuttal, Petitioner pointed out that the property record cards indicate that the 

current assessor inspected the subject property on December 4, 2021; November 7, 

2022; and November 20, 2023. According to Petitioner, this indicates that Respondent 

was aware of the property’s condition in 2021, and the resulting increases for the 2022 

tax year. Respondent’s assessor inspected the subject property four days before 

Petitioner’s photograph showing the property as complete in 2022. Petitioner received 

the 2022 Notice of Assessment and assumed that the whole addition was added. This 

was further supported given there was no increase in 2023. However, for 2024, 

Petitioner received a notice tripling the taxes for the subject property as a result of the 

additional bedrooms that were added. Petitioner has owned the property for 25 years, 

and the property needed to address the rotting siding along with issues with the roof. 

The property was the worst house on the block and now it is better. 

 

In closing, Petitioner’s attorney reiterated that Form 865 is not required but, to 

Respondent’s credit, it can be difficult to determine if Mathieu Gast applies without the 

form. Petitioner should still qualify for the non-consideration of the covered items even 

though Petitioner did not file the form after the March BOR. 

 

B. Respondent’s Evidence 

 

The property’s TV, as confirmed by the BOR, for the tax year(s) at issue: 

 

Parcel Number: 12-101-004-00 

Year

TV

2024

$297,528

2025

$306,751

 

The exhibits offered by Respondent may be viewed on lines 5 and 11 of the docket 

maintained in this case.5 

 

No evidence was excluded. 

Based on the pleadings, admitted exhibits, and sworn testimony, Respondent contends 

that there were extreme changes made to the property over the course of two years. 

So much of the property was changed that it was difficult to recognize the scope of the 

changes. The BOR adjusted the amount of new, and additions added to the property 

for 2024. Respondent states that the BOR also corrected an error that was made by 

them when sketching the new construction. Given the changes already made by the 

 

5 The docket is located on the Tribunal’s website at Tax Docket Lookup Search Page and may be 

accessed by entering the docket number assigned to this case. On June 10, 2025, the Tribunal issued 

an Order Requiring Information where Respondent was ordered to file and serve the 2021-2024 property 

record card and valuation reports for Parcel 12-101-004-00.

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MTT Docket No. 24-003520 

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BOR and Petitioner’s admission that the new construction was far beyond the scope of 

what would be considered normal for the purposes of the Mathieu Gast Act, 

Respondent asserts that the TV is justified. A majority of the changes that were 

described by Petitioner undeniably are part of the new, additions and structural 

alterations performed and thus exempt from the non-consideration items found in the 

Mathieu Gast Act. 

 

At the hearing, Respondent’s assessor testified that the Mathieu Gast form was not 

filed. While there is an exception to filing where the capped value addition occurred in a 

prior year, as was the case in this instance in 2022, Petitioner did not file the form until 

two years later. Respondent was deprived of the detail and scope of the work that was 

covered by the Mathieu Gast Act. In terms of 2023, and with no change to the 

property’s TV due to additions, there was a clerical error where the property was added 

to the assessment roll as 50% complete in 2022 to account for new construction and 

alterations. Respondent’s representative took over as the assessor of record going into 

2023, and the completion was not added until the 2024 tax year. Respondent’s 

assessor indicated that some of the items are likely covered, given the nature of the 

extensive renovations to the structure and the ongoing construction process, 

Respondent’s assessor had a difficult time determining what was new versus what was 

repaired or replaced. 

 

Upon inquiry from the Tribunal, Respondent’s assessor indicated that Form 865 was 

received in May 2024. At the 2024 BOR, Respondent’s assessor determined that there 

were not as many alterations to the structure as was initially believed, which resulted in 

a reduction in assessed value (AV). Respondent’s assessor confirmed that the last 

exterior inspection of the property occurred on November 20, 2023. 

 

In closing, Respondent’s assessor clarified that he was not the assessor of record until 

late February or early March 2023, and he had been working as an assessor technician 

and assisting the assessor of record at the time of the inspections. The initial addition 

that bumped the TV to $173,813 and $182,503 was only based on partial construction, 

so adding an inflation rate to this would not be accurate as it would not reflect the actual 

value of the structure. 

 

FINDINGS OF FACT 

 

The following facts were proven by a preponderance of the evidence: 

 

1. The subject property is located at 7854 Washtenaw Drive in Benzie County. 

2. The subject property is classified as residential real property. 

3. Petitioner performed renovations at the property during 2021 and 2022, including 

adding additional living area to the subject property. 

4. Petitioner also added a single-car garage to the subject property as part of the 

renovations. 

5. In total, Petitioner spent $700,000 renovating the subject property, with 33% of 

that amount attributed to the new construction at the subject property.

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MTT Docket No. 24-003520 

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6. Following an Order Requiring Information, Respondent provided the 2021-2024 

property record cards and valuation reports for the subject property. 

 

CONCLUSIONS OF LAW 

 

The following authority and reasoned opinion supports the Tribunal’s determination: 

 

With respect to Petitioner’s claims related to the subject property’s TV, the Tribunal 

notes that, for taxes levied after 1994, the General Property Tax Act provides that the 

term "additions" includes omitted real property. Omitted real property is defined in MCL 

211.34d(1)(b)(i) as follows: 

 

As used in this subparagraph, "omitted real property" means previously 

existing tangible real property not included in the assessment. Omitted real 

property does not increase taxable value as an addition unless the assessing 

jurisdiction has a property record card or other documentation showing that the 

omitted real property was not previously included in the assessment. The 

assessing jurisdiction has the burden of proof in establishing whether the 

omitted real property is included in the assessment. Omitted real property for 

the current and the 2 immediately preceding years, discovered after the 

assessment roll has been completed, must be added to the tax roll pursuant to 

the procedures established in section 154. For purposes of determining the 

taxable value of real property under section 27a, the value of omitted real 

property is based on the value and the ratio of taxable value to true cash value 

the omitted real property would have had if the property had not been omitted. 

 

Furthermore, the statute goes on to define the phrase "new construction" as follows: 

 

property not in existence on the immediately preceding tax day and not 

replacement construction. New construction includes the physical 

addition of equipment or furnishings, subject to the provisions set forth 

in section 27(2)(a) to (q). For purposes of determining the taxable value 

of property under section 27a, the value of new construction is the true 

cash value of the new construction multiplied by 0.50.6 

 

In this case, Respondent provided the 2021, 2022, 2023, and 2024 property record 

cards and valuation statements for the subject property. Beginning in 2022, 

Respondent began to recognize and add value for changes that were occurring at the 

property. In reviewing the record card and valuation statement, the improvements that 

were added to the assessment were not previously contained within the record cards for 

the prior year and constituted new construction. Specifically, Respondent increased the 

ground area from 1,395 square feet to 1,933 square feet. Respondent also added a 

garage and changed the porch configuration to one concrete covered porch instead of 

two wood covered porches. For the 2022 tax year, Respondent estimated the 

improvements to be 49% complete. In total, Respondent’s valuation statement 

 

6 MCL 211.34d(1)(b)(iii).

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MTT Docket No. 24-003520 

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indicates additions of $154,900 and losses of $101,948. For the 2023 tax year, the 

property was again estimated at 49% and no additions or losses were included. The TV 

was adjusted by 5% in accordance with MCL 211.27a. For the 2024 tax year, 

Respondent added $105,900 for additions. Respondent included undated photographs 

of the residential structure, purportedly before and after the renovations. 

 

At the hearing, Petitioner offered testimony as to the renovations that occurred at the 

subject property, including the fact that additional square footage was added to the 

property. Additionally, Petitioner’s evidentiary submissions indicate 897 square feet of 

living area was added along with a single-car garage. In 2022, Respondent’s cost new 

of the additional square footage for the residential structure, covered porch and the 

garage totaled $158,023. Applying the two percent depreciation and 2022 economic 

condition factor (ECF) of 1.770 to these costs results in a value of $274,106 (rounded 

down). During the hearing, Petitioner indicated that the builder estimated that 

approximately thirty-three percent of the total project costs ($700,000) were attributable 

to the additions added to the subject property. In other words, an amount of $231,000 

was attributed to the additions. Given the builder’s familiarity with the project and the 

fact that Respondent’s assessor did not provide much in the way of testimonial 

evidence for the calculations in the record, the Tribunal finds Petitioner’s estimate to be 

reasonable under the circumstances. 

 

Although Petitioner indicates that the renovations were completed in 2022, Petitioner 

notes that Respondent did not increase the subject property’s TV in 2023. As indicated 

above, Respondent only considered the property to be 49% complete for the 2022 and 

2023 tax years. Petitioner’s brief indicates that she did not object to the TV increase for 

the 2022 tax year (valuation date of December 31, 2021) based on the belief that the 

increase was due to the square footage that was added to the subject property. 

However, Petitioner’s brief, exhibits, and photographs show that the house updates 

were completed during the 2022 calendar year. Specifically, Petitioner included 

photographs dated September 22, 2021; October 17, 2021; and December 31, 2021, 

showing various stages of the construction and renovations at the subject property. As 

such, the Tribunal finds that Respondent’s estimate of a 49% completion for the 2022 

tax year to be reasonable. However, as pointed out at the hearing, the project should 

have been considered fully complete for the 2023 tax year. 

 

In terms of the TV calculation, using a new construction amount of $231,000 and 

applying the TV formulas set forth in MCL 211.34d(1)(b)(iii) and MCL 211.27a, the 

Tribunal finds that the appropriate TV for the 2022 tax year should have been $180,820 

(rounded down). This amount recognizes a 50% rate applied to the new construction 

amount of $231,000 ($115,500), modified by a partial construction fraction of 49% 

($56,595), and added to the TV formula under MCL 211.27a (2021 TV of $120,257 x 

1.033 + $56,595). Applying the same methodology for the 2023 tax year (along with the 

remaining 51% for the completion of the construction), the TV for the subject property 

should be $248,766 ($180,820 x 1.05 + $58,905). Because the property was fully 

complete for the 2024 and 2025 tax years, the inflation rate multiplier would be applied 

to the 2023 TV, resulting in a revised TV of $261,204 for 2024 and $269,301 for 2025.

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MTT Docket No. 24-003520 

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Although Petitioner devoted documentary and testimonial evidence to support their 

argument that the property’s TV improperly included nonconsideration items, there is 

insufficient evidence in the record to support such a claim. On the contrary, the record 

card and valuation statement do not appear to include any of the replacement items 

referenced at the hearing or within Petitioner’s exhibits. Similarly, Petitioner’s 

submission of the AVs and TVs of neighboring properties are not supportive of 

Petitioner’s TV contention. A comparison of AVs, TVs, and their changes is not a 

reliable indicator of value. For example, AVs are not market indicators, but rather are 

the result of a mass appraisal, cost less depreciation approach to value, which includes 

market adjustments through the use of an ECF. Various steps go into constructing 

each assessment, and mere comparison of AVs discounts the numerous factors 

considered for each individual assessment. Moreover, no matter how similar two or 

more parcels of property appear to be, such comparisons can create highly misleading 

results since vital distinctions can be overlooked, as can the various applicable 

adjustments and manipulations of market-based values. Additionally, while a property’s 

AV is directly related to its true cash or fair market value, TV is determined pursuant to 

Proposal A and is calculated by multiplying the prior year’s TV by the inflation rate 

multiplier for the current year. Except for additions and losses to a property, annual 

increases in the property’s TV are limited to 5% or the rate of inflation, whichever is 

less, unless there is a transfer of ownership. As such, TV can vary greatly depending 

upon a number of factors that are not necessarily related to a property’s value, 

including, but not limited to the last date of sale, and the TV of one property is therefore 

not probative of the TV of another. Here, Petitioner did not offer any testimony about 

these properties other than their proximity to the subject property. 

 

Given the above, the Tribunal finds that the TV shall be adjusted for the 2024 and 2025 

tax years as directed above. The 2024 TV for the subject property is $261,204, and for 

the 2025 tax year, the TV is $269,301. 

 

JUDGMENT 

 

This is a proposed decision and not a final decision. As such, no action should be taken 

based on this decision. 

 

After the expiration of the time period for the opposing party to file a response to the 

exceptions, the Tribunal will review the case file, including the Proposed Opinion and 

Judgment (POJ) and all exceptions and responses, if any, and: 

 

a. Issue a Final Opinion and Judgment (FOJ) adopting the POJ as a Final 

Decision; 

b. Issue an FOJ modifying the POJ and adopting the Modified POJ as a Final 

Decision; or 

c. Issue an Order vacating the POJ and ordering a rehearing or such other 

action as is necessary and appropriate.

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MTT Docket No. 24-003520 

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EXCEPTIONS 

 

The parties have 20 days from the “Entered” date below to notify the Tribunal in writing, 

by mail or by electronic filing, if they do not agree with the POJ and to state in writing 

why they do not agree with the POJ (i.e., file exceptions to the POJ). Exceptions must 

be signed and are limited to the evidence submitted prior to or at the hearing and any 

matter addressed in the POJ. There is no fee for filing exceptions. 

 

Parties must provide the opposing party with a copy of their exceptions and file proof of 

service with the Tribunal (i.e., submit a written statement indicating that the opposing 

party has been provided or “served” with a copy of the exceptions). Service on the 

opposing party can be made by mail, or if agreed to by the parties, by electronic service 

(i.e., email). The proof of service must be signed. 

 

The opposing party has 14 days from the date the exceptions are served on that party 

to file a written response with the Tribunal. Responses to exceptions must be signed. 

Parties must provide the opposing party with a copy of their response to the exceptions 

and file a signed proof of service with the Tribunal. 

 

If the parties fail to sign their exceptions or responses, or if they fail to submit a signed 

proof of service for the exceptions and/or responses, the Tribunal may not consider the 

exceptions or responses in issuing the FOJ. 

 

 

 

 

 

 

 

 

By _________________________________ 

Entered: September 10, 2025 

 

 

 

PROOF OF SERVICE 

 

I certify that a copy of the foregoing was sent on the entry date indicated above to the 

parties or their attorneys or authorized representatives, if any, utilizing either the mailing 

or email addresses on file, as provided by those parties, attorneys, or authorized 

representatives. 

 

By: Tribunal Clerk

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