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24-003943.pdf

Paula D Olson, Petitioner V Township Of Green, Respondent · 24-003943-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 

Paula D Olson, 

 

 

 

 

 

MICHIGAN TAX TRIBUNAL 

Petitioner, 

 

 

 

 

 

SMALL CLAIMS DIVISION 

 

MTT Docket No. 24-003943 

 

 

 

 

 

 

 

 

 

v 

 

 

 

 

 

 

 

Case Type: Principal Residence 

 

 

 

 

 

 

 

 

Exemption 

 

Green Township, 

 

 

 

 

 

Presiding Judge 

 

Respondent. 

 

 

 

 

Marcus L. Abood 

 

FINAL OPINION AND JUDGMENT 

 

Location of Hearing: 

 

 

Telephonic 

Hearing Held on: 

 

 

 

May 29, 2025 

Appearances on Behalf of Petitioner: 

Paula Olson 

Appearances on Behalf of Respondent: No Appearance 

 

SUMMARY OF JUDGMENT 

 

Parcel No. 5401-043-056-000 is entitled to a Principal Residence Exemption (PRE) 

under MCL 211.7cc. As a result, the property has a PRE of 100% for the 2024 tax year. 

 

PROCEDURAL HISTORY 

 

Petitioner did not receive a BOR decision, denial notice, or change notice regarding her 

PRE status from Respondent. 

 

Petitioner filed a petition with the Tribunal on October 22, 2024, and Respondent failed 

to file an answer. On December 10, 2024, the Tribunal issued an order placing 

Respondent in default for failing to file an answer and extended the time to cure the 

default on January 7, 2025. Respondent failed to cure its default; therefore, the 

Tribunal scheduled and conducted a default hearing in this case. 

 

ISSUES AND APPLICABLE LAW 

 

The issue in this matter is whether Petitioner’s property qualifies for a PRE under MCL 

211.7cc. 

 

A petitioner must prove, by a preponderance of the evidence, that they are entitled to an 

exemption.1 

 

1 ProMed Healthcare v Kalamazoo, 249 Mich App 490; 644 NW2d 47 (2002).

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As for the applicable statutory law: 

 

MCL 211.7cc provides that: 

 

A principal residence is exempt from the tax levied by a local school 

district for school operating purposes to the extent provided under . . . 

MCL 380.1211, if an owner of that principal residence claims an 

exemption as provided in this section. 

 

MCL 211.7dd provides that: 

 

Principal residence means the 1 place where an owner of the property has 

his or her true, fixed, and permanent home to which, whenever absent, he 

or she intends to return and that shall continue as a principal residence 

until another principal residence is established. . . . Principal residence 

includes only that portion of a dwelling or unit in a multiple-unit dwelling 

that is subject to ad valorem taxes and that is owned and occupied by an 

owner of the dwelling or unit. . . . Principal residence also includes all of an 

owner’s unoccupied property classified as residential that is adjoining or 

contiguous to the dwelling subject to ad valorem taxes and that is owned 

and occupied by the owner. Contiguity is not broken by a road, a right-of-

way, or property purchased or taken under condemnation proceedings by 

a public utility for power transmission lines if the 2 parcels separated by 

the purchased or condemned property were a single parcel prior to the 

sale or condemnation. . . . Principal residence also includes any portion of 

a dwelling or unit of an owner that is rented or leased to another person as 

a residence as long as that portion of the dwelling or unit that is rented or 

leased is less than 50% of the total square footage of living space in the 

dwelling or unit. 

 

MCL 211.7dd also provides that: 

 

Owner means any of the following: (i) A person who owns property or who 

is purchasing property under a land contract. (ii) A person who is a partial 

owner of property. (iii) A person who owns property as a result of being a 

beneficiary of a will or trust or as a result of intestate succession. (iv) A 

person who owns or is purchasing a dwelling on leased land. (v) A person 

holding a life lease in property previously sold or transferred to another. 

(vi) A grantor who has placed the property in a revocable trust. (vii) The 

sole present beneficiary of a trust if the trust purchased or acquired the 

property as a principal residence for the sole present beneficiary of the 

trust, and the sole present beneficiary of the trust is totally and 

permanently disabled. As used in this subparagraph, "totally and 

permanently disabled" means disability as defined in section 216 of title II 

of the social security act, 42 USC 416, without regard as to whether the 

sole present beneficiary of the trust has reached the age of retirement.

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MTT Docket No. 24-003943 

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(viii) A cooperative housing corporation. (ix) A facility as defined by former 

1976 PA 440 and registered under the continuing care community 

disclosure act, 2014 PA 448, MCL 554.901 to 554.993. 

 

MCL 211.7dd(b) provides that: “‘Person’ for purposes of defining owner as used in 

section 7cc means an individual.” 

 

Pursuant to R 792.10133, after hearing, the Tribunal must issue a final decision in 

writing. Additionally, “[a] written final decision shall include separate sections entitled 

“findings of fact” and “conclusions of law.’” Findings of fact “shall include a concise 

statement of the underlying supporting facts” that are “based exclusively on the 

evidence.”2 Consequently, the Tribunal has not addressed every piece of evidence or 

every inference that might lead to a conflicting conclusion and has rejected evidence 

contrary to its findings. Furthermore, “[e]ach conclusion of law shall be supported by 

authority or reasoned opinion.”3 Accordingly, the Tribunal will outline the summary of 

evidence, findings of facts, and conclusions of law, before ultimately rendering 

judgment. 

 

SUMMARY OF EVIDENCE 

 

A. Petitioner’s Evidence 

 

The exhibits offered by Petitioner(s) may be viewed at line-item entry 1 of the docket 

maintained in this case.4 

 

Petitioner offered the following exhibits: 

 

1. Evidence, filed on October 22, 2024 

a. Explanatory Letter dated August 28, 2024. 

 

No exhibits were excluded from evidence. 

 

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

that she has lived in the township for many years. Petitioner actually first was a renter 

at the subject property in November 1987. She purchased the subject duplex in 2000. 

The property has never been used as a rental. There are five other duplexes in the 

subdivision which are rental properties. Petitioner initially contacted the township and 

then was able to speak with the deputy assessor. In turn, on August 19, 2024, 

Petitioner was able to speak with the assessor. Petitioner never received a PRE denial 

letter but instead received the Notice of Assessment. On August 26, 2024, Petitioner 

called the assessor again who admitted that he had not sent out the necessary 

paperwork to Petitioner. Next, Petitioner spoke to Ann at the PRE section of the 

 

2 See also MCR 2.517(a). 

3 Id. 

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. 24-003943 

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Department of Treasury. When questioned by the Tribunal, Petitioner was not aware of 

the PRE entry on the Notice of Assessment which shows the PRE percentage. At some 

point, Petitioner was able to track back through her notices to see the 100% PRE entry. 

Petitioner now questions whether there is a new assessor at the township who perhaps 

made all of the other duplexes 50% PREs. Petitioner asserts that her sister has lived in 

the other half of the duplex since 2000. Petitioner’s sister pays her own utilities, phone 

bills and renter’s insurance. Petitioner pays the property taxes though. 

 

FINDINGS OF FACT 

 

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

 

1. The subject property is located at 20661 Ross Parkway, in Green Township and 

within Mecosta County. 

2. The subject property is classified as Residential. 

3. Petitioner is an owner of the subject property. 

4. The subject property is comprised of a 2-unit duplex dwelling. 

5. Petitioner first rented the subject unit in November 1987. 

6. Petitioner purchased the subject duplex in 2000. 

7. Petitioner occupies one unit and her sister occupies the other unit. 

8. Petitioner does not charge her sister rent. 

9. Prior to 2024, Petitioner had been granted a 100% PRE for the subject property. 

10. Petitioner does not own any other improved properties. 

11. Petitioner jointly owns vacant land with siblings which was inherited from her 

parents. 

12. Petitioner contacted Green Township in July 2024 for information about the 

change in her PRE. 

13. On August 19, 2024, Petitioner spoke with assessor Mike Richmond about the 

change in her PRE. 

14. Petitioner contacted Mike Richmond on August 26, 2024 regarding a change 

notice letter (with appeal process). 

15. Petitioner did not receive a BOR decision or notice for the change to her PRE 

from 100% to 50% from Respondent. 

16. Subsequent to August 28, 2024, Petitioner contacted the PRE Unit of the 

Department of Treasury for appeal information. 

 

CONCLUSIONS OF LAW 

 

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

 

As noted, Petitioner has the burden to prove, by a preponderance of the evidence, that 

the subject property is entitled to an exemption.5 Petitioner’s ownership and occupancy 

of the subject property has not changed since the date of purchase in 2000. Further, 

Petitioner has received a 100% PRE in previous years. Here, there is no dispute that 

 

5 ProMed Healthcare, supra.

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MTT Docket No. 24-003943 

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Petitioner owns and occupies her home. Petitioner’s property does not generate any 

rental income. 

 

Petitioner’s described efforts to communicate and receive documentation from 

Respondent is credible. Petitioner only became aware of a change in her property 

taxes from the summer property billing statement. Petitioner was not properly notified of 

the opportunity to appear before the March BOR. Further, Petitioner did not receive 

promised documentation after speaking with Respondent’s assessor. Therefore, 

Petitioner 

 

The Tribunal finds that Petitioner does qualify for a PRE for the tax year at issue. 

Michigan statute exempts a property from school operating taxes so long as that 

property is owned and occupied as the owner’s principal residence.6 Thus, to grant a 

PRE in this case, the Tribunal must confirm that the property is owned and occupied as 

the principal residence of the party claiming the exemption. Again, Petitioner’s 

ownership and occupancy of the residential property is unrefuted. There is no evidence 

on the record proving that Petitioner’s property generates rental income. Petitioner’s 

testimonial evidence is credible in this regard. As a matter of form and substance, 

Petitioner has met her burden of proof in this exemption appeal. Therefore, the Tribunal 

finds that Petitioner shall be granted a PRE for the 2024 tax year. 

 

JUDGMENT 

 

IT IS ORDERED that the officer charged with maintaining the assessment rolls for the 

tax year(s) at issue shall correct or cause the assessment rolls to be corrected to reflect 

the property’s principal residence exemption for the tax year(s) at issue within 20 days 

of entry of this Final Opinion and Judgment. 

 

IT IS FURTHER ORDERED that the officer charged with collecting or refunding the 

affected taxes shall collect taxes and any applicable interest or issue a refund within 28 

days of the entry of this Final Opinion and Judgment. If a refund is warranted, it shall be 

without interest, as provided by MCL 211.7cc. It shall, however, include a proportionate 

share of any property tax administration fees paid and penalty and interest paid on 

delinquent taxes. The refund shall also separately indicate the amount of the taxes, 

fees, penalties, and interest being refunded. 

 

This Final Opinion and Judgment resolves all pending claims in this matter and closes 

this case. 

 

APPEAL RIGHTS 

If you disagree with the final decision in this case, you may file a motion for 

reconsideration with the Tribunal or a claim of appeal with the Michigan Court of 

Appeals. 

 

 

6 See MCL 211.7cc

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A motion for reconsideration must be filed with the Tribunal with the required filing fee 

within 21 days from the date of entry of the final decision. Because the final decision 

closes the case, the motion cannot be filed through the Tribunal’s web-based e-filing 

system; it must be filed by mail or personal service. The fee for the filing of such 

motions is $50.00 in the Entire Tribunal and $25.00 in the Small Claims Division, unless 

the Small Claims decision relates to the valuation of property and the property had a 

principal residence exemption of at least 50% at the time the petition was filed or the 

decision relates to the grant or denial of a poverty or disabled veterans exemption and, 

if so, there is no filing fee. You are required to serve a copy of the motion on the 

opposing party by mail or personal service or by email if the opposing party agrees to 

electronic service, and proof demonstrating that service must be submitted with the 

motion. Responses to motions for reconsideration are prohibited and there are no oral 

arguments unless otherwise ordered by the Tribunal. 

 

Alternatively, you may file a claim of appeal with the Michigan Court of Appeals. If the 

claim is filed within 21 days of the entry of the final decision, it is an “appeal of right.” If 

the claim is filed more than 21 days after the entry of the final decision, it is an “appeal 

by leave.” A copy of the claim of appeal must be filed with the Tribunal to certify the 

record on appeal. There is no certification fee. 

 

 

 

 

 

By 

 

 

 

Date Entered: June 27, 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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