2024 Sec 6 Jurisdiction Dec BOR w POS.pdf
Wayne W Gagnon Trust, Petitioner V Township Of Alpine, Respondent · 24-003832-TT
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2024 SMALL CLAIMS AMENDED - PROPERTY TAX APPEAL PETITION FORM Wayne W. Gagnon, Petitioner MTT Docket #23-003074-TT Vs. MTT Docket #24-003832-TT Alpine Township, Respondent MTT Docket #25-000741-TT ATTACHMENT RE: SECTION 6: JURISDICTIONAL ISSUE APPE NCE AT DECE 02 D OF REVIEW March 2024 - Petitioner protested Year 2024 assessment at the March 2024 Board of Review meeting, noting that Year 2023 was still winding its way through the Ml Tax Tribunal. July 22, 2024 - Petitioner received Respondent's Valuation Disclosure Appraisal for the Year 2023 tax protest on July 22, 2024, as part of Respondent's Pre-Hearing Statement e July 2024 was the first time that Petitioner saw that Respondent was using a “Real Estate” Appraisal (prepared by Jim Van Stensel). « While reviewing Respondent's appraisal and comparing Jim Van Stensel’s conclusion on the value of an acre of vacant Ag land in Alpine Township vs. the Township's Year 2024 Ag Vacant Land Study, Petitioner realized that there was a significant “math footing error” in the Township's Year 2024 Ag Vacant Land Study. e While trying to propose a settlement with the Township, Petitioner realizes that the math footing error would be a problem: the difference in land value on the record card vs. Van Stensel’s land value conclusion** would result in “phantom true cash value” in Year 2025 if the record card was not updated to a land value more in line with the components of value. November 2024 - Township would not agree to update the land value as part ofa settlement. December 10, 2024 — Petitioner appears at December Board of Review meeting. See Petition attached. ** petitioner also contends that Van Stensel’s conclusion is too high because he used private sales of 20-acre developmental parcels to value Petitioners 48-acre unsplittable parcel, but that is not important here...
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818 (Rev. 1-07) Pecemerse 2924 Petition to Board of Review L-4035 Petition # 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 Owners Name (Please Print or Type) Petitioner's Name (If Other than Owner. Please Print or Type) Wayne & sérod TPveT Mbaqe GhGnad Township or City County ALPINE TOWNSHIP KENT The undersigned protests the assessed value and/or the tentative taxable value and/or the property classification and/or the qualified agricultural property exemption of the following described property: Property Identified (Parcel code required. Property address & legal description optional) : © Property Address: |“ 40 7 MILE Bp Ny PARCEL# 41°0.22.%°% pag Protested litem Assessed Value [] Tentative Taxable Value [7] Classification [J Qualifed Agricultural ALLoleTiopn Property Exemption 1. PROTEST OF ASSESSMENT (Complete this section for a protest of assessed value and/or tentative taxable value) Current Assessed Amount Owner's Estimated True Cash Value | Current Tentative Taxable value Current Year Previous Assessed Amount = ee + 4 PE Lew Previous Tentative Taxable Value Previous Year Difference Difference 2. PROTEST OF CLASSIFICATION (Complete this section for a request to change the classification. The Board of Review must make their decision regarding classification 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 statue as a homeowner's principal residence or qualified agricultural property.) Classification of property on this year's assessment roll: BES \PEwTisl Mp i-outl? ¥ s€% OE a=, Classification should be: (Please check one of the following) [J Agricultural * [0 Industrial [0] Timber Cutover ~~ [] Utility (Personal Property Only) [J Commercial [0 Residential [] Developmental 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 MILL FOR HOMEOWNER'S PRINCIPAL RESIDENCE PROPERTIES.) I y TEM exem| on Reques exemption requested) 4. REASON FOR PROTEST 1e reason(s) for protest of assessed value and/or the tentative val Jor and/or qualified agricullural property exemption. Gye free? eesieniy, THT Lone Vive on Pptebo Leia pe LpoSTYR ro pEFLELr bend VEL v) vers/ PEFIISD [5 /KOPEHHLO io MI Tex Ter Firwl JUS eer NT ot spied BF bing (4). Signature | 7 IN - Date ah = = De RADU zz a k) Ne So ah a ie Number [4 le al EY “14e "1 FILE BD Pw nay VL A) Prine TEmalAddess 6,3 | go (D) € Wn TBS: NET www.michigan.gov/treasury
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L-4035 Petition to December 2024 Board of Review Parcel #41-09-22-200-049 Subject parcel has tax protest cases pending with the Mi Tax Tribunal for both Years 2023 and 2024. CLASSIFICATION: The property is classified as Residential Improved. However, as part of the 2023 MTT case, the Township submitted a “real estate appraisal” essentially treating the property as an agricultural property with a house and barns on it. We are not requesting a change to our classification, but just pointing this out. e Used for Assessment: LAND TABLE R-80 (Private Drives) o Used by Township for MTT Case: AG VACANT LAND STUDY sales VAN STENSEL APPRAISAL: The 12/31/2022 Jim Van Stensel real estate appraisal submitted by the Township to the MTT as the correct True Cash Value of 1740 7 Mile includes a stated land value of $430,000 (48.15 @ at $8,930 acre). The land value of our property will need to be addressed by the MTT in its conclusion of the property’s TCV. Notably, Van Stensel appraisal’s stated value of $8,930 / acre is significantly higher than the stated value per acre of the Township's land studies for both 2023 and 2024. See also Note 1. Value Per Acre 2023 2024 Van Stensel real estate appraisal 8,930 ($430,000) | NA, still going through the system Township Land Study See Note2&3 | ~6,200 ($295,000) | 7,500, but see math error Difference per Acre 2,730 ($135,000) | To be determined REASON FOR PROTEST: The issue is how the “Final Judgement and Opinion” Land Value will get adjusted on our revised 2023 Alpine Township Record Card. Van Stensel’s appraisal appears to have essentially used the Township's 2024 Land Study to find comps for our property in his 12/22/2022 real estate appraisal (used for our 2023 assessment), but his analysis did not have any math errors. As a result, we believe that the Land Value used on our Record Card -and the House/Barns value - should be updated to reflect the “Final Judgement and Opinion” of the Michigan Tax Tribunal, and not be based on the Township’s land studies. If not, we believe that we will experience “double jeopardy” and “phantom true cash value” in 2025 (and later years) as the Townships Land Studies get more in line with Mr. Van Stensel’s conclusion. Note 1- We believe that Van Stensel's real estate appraisal used comps that were not in fact fair indicators of the value of 17407 Mile Rd NW, but that is for the MTT to decide. Note 2- The 2024 Township Land Study has a clerical error / math error that significantly changes the conclusion of the study. The Township's 2024 Land Study concluded a value per acre of $7,500, but after adjusting for the math error, the Land Study conclusion should have been $9,949 an acre. Note 3 - The 2023 Township Vacant Land Study includes a large home on 55 acres. The inclusion of this home significantly reduced the value per acre conclusion of the Township's land study. ($7,500/acre reduced to $6,400/acre). Yet, Mr. Van Stensel did not include this large home on 55 acres in his appraisal, resulting in his much higher value per acre conclusion [than the Township's $6,400/acre conclusion].
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MTT Dit 23-003074 APPRAISAL OF REAL PROPERTY LOCATED AT: 1740 7 Mile Rd NW Part of NE 1/4, Section 22, TEN, R12W. 48.15 A. See aliached addendum. Comstock Park, MI 48321 FOR: Christine Blum 161 Ottawa Ave NW Grand Rapids, MI 49503 5250 Northind Dr NE Ste E : E Ce IATSTs a iL a PPRAISAL REPORT rT DRAB - | The following land sales were used in estimating the value of the subject ste as vacant. rings I 2633 8 Mile Road, NW sold for $486,500 with 67.07 acres for a unit price of $7.253 per acre. ) E 1 4055 Hendershot, NW sold for $258,840 with 21.07 acres for a unit price of $12,285 per acre. ) | 5118 Walker Avenue, NW sold for $207,800 with 21.57 acres for a unit price of $10,000 per acre. ai a 1 5530 Peach Ridge Avenue, NW sold for $669,000 with 74.53 acres for a unit price of $8.976 per acre. 1 The indicated value of the site, as v as vaca, Is ssimaled aL #430000. /A BN > 89% o /Aceg,
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: COWS Loe pe ar id (MsLEepee) Ven TEV ASSESSED VALUES BY YEAR POTENTIAL ere VAN STENSEL ALPINE APPRAISAL TOWNSHIP If MTT Selects NOTE- We disagree with Van Stensel's Appraisal, preferring Meyer John Meyer's Appraisal, but the MTT Judge will decide what is Appraisal for If MI Tax Tribunal Selects Van Stensel Appraisal for fair. TCV Final Opinion of TCV Ok bY VALUE Beir? oN Lene The issue here is how the Land Value will be recorded 2024 ALPINE IF (Revised) on the Record Card upon Final Judgement. USE 2023 2024 ALPINE IF ASSESSED USE 2023 FMV 2023 2023 LAND LAND Land 285000 430,000 295000 430,000 House 709,209 669,954 829,578 700,993 Barns, Improvements 231,000 231,000 231,000 231,000 TRUE CASH VALUE calculated $ 1,235,209 $ 1,330,954 $ 1,355,578 $ 1,361,993 HOUSE + BARNS 940,209 900,954 1,060,578 931,993 A t This is how Township will RI potentially are REVISE 73.35% 69.29% 82.00% 69.29% po EE 4 reson re Tak wR) ve ves per lif -25 v8 re haw novi) erpeds oh i 8 eel & [-d
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ASSESSED VALUES BY YEAR
NOTE- We disagree with Van Stensel's Appraisal, preferring
John Meyer's Appraisal, but the MTT Judge will decide what is
fair
The issue here is how the Land Value will be recorded
{Revised} on the Record Card upon Final Judgement.
Land
House
Barns, Improvements
TRUE CASH VALUE calculated
HOUSE + BARNS
WHAT HAPPENS IN 2025?
If MI Tax Tribunal Selects Van Stensel Appraisal
for Final Opinion of TCV
SR ANY VALVE PREER
orl LWNT?
AND LAND STUDY ERRORS GO AWAY
2025
IF
2025 ALPINE
IF USE 2023
FMV LAND
Over-Assessed
—
753,529
231,000
231,000
$1,652,750
§ 1.414529
$
138,221
A
1,122,750
984,529
138,221
Too High
Typo \o THE
pena
we
REE
Larry TING
[Ian wo oFPage 9
STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN OFFICE OF ADMINISTRATIVE HEARING AND RULES MICHIGAN TAX TRIBUNAL WAYNE W. GAGNON TRUST, MTT Docket No. 23-003074 MTT Docket No. 24-003832 MTT Docket No. 25-000741 Petitioner, Parcel No. 41-09-22-200-049 V TOWNSHIP OF ALPINE, Respondent. / Wayne W. Gagnon Trust Toby Koenig (P72367) Petitioner’s Representative PO Box 565 BLOOM SLUGGETT, PC Belmont, MI 49306 Attorney for Respondent (616) 446-8061 161 Ottawa Ave NW, Suite 400 gilroc@charter.net Grand Rapids, MI 49503 (616) 965-9343 toby@bloomsluggett.com / PROOF OF SERVICE Margo Gagnon, representative of Petitioner, says that on April 25, 2025, she served a copy of the Petitioner, Wayne W. Gagnon Trust’s Year 2024 Amended Property Tax Appeal Petition Form Valuation Appeal, and supporting exhibits including: o Attachment for Section 1 & 2: LARA e-filing submission problems on April 21, 2025 o Attachment for Section 5: Chronology of Years 2023, 2024, & 2025 o Attachment for Section 6: Jurisdictional Issue regarding combination of 2023, 2024 and 2025 tax protests o Attachment for Section 6: Appearance at December 2024 Board of Review o Attachment for Section 7: Valuation Information o Attachment for Section 7: Confusion over Township data including %Good on 2024 Assessment and Math footing error on 2024 Ag Vacant Land Study upon Toby Koenig, attorney for Respondent, by electronic mail to: toby@bloomsluggett.com. /s/ Margo Gagnon Margo Gagnon