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Virginia Ave Properties LLC.pdf

Virginia Ave Properties LLC, Petitioner V City Of Albion, Respondent · 25-003608-TT

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Page 1

RECEIVED 

AUG 0 6 2025 

hd 

MICHIGAN TAX TRIBUNAL 

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON I. BROWN, DPA 

GOVERNOR 

LANSING 

DIRECTOR 

PROPERTY TAX APPEAL PETITION FORM 

VALUATION / EXEMPTION / CLASSIFICATION APPEAL 

Do not use this form to appeal Principal Residence Exemption, Qualified Agricultural Exemption, Special Assessment, or 

Non-Property tax disputes. 

Pursuant to Michigan Tax Tribunal Rule (TTR) 279, you MUST submit a copy of the notice giving rise to the appeal 

(e.g. Board of Review Decision or Notice of Uncapping) with this Small Claims Petition, if applicable. If you do not 

submit this document, you may be held in default. 

Section 1: Petitioner’s Contact Information 

First Name 

M.L 

Last Name/Company Name 

Virginia Ave Properties, LLC 

Mailing Address (No., Street, P.O. Box or Rural Route) 

24772 J Drive 

8 

City or Town 

State 

Z|P Code 

Homer 

MI 

49245 

Telephone Number 269-425-6087 

E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) 

kpmhomes1@gmail.com 

Section 2: Petitioner’s Attorney/Authorized Representative’s Contact Information 

First Name 

M.1 

Last Name 

Cheryl 

L 

Mull 

Firm Name (if any) 

Mailing Address (No., Street, P.O. Box or Rural Route) 

24772 J Drive 

8 

City or Town 

State 

ZIP Code 

Homer 

MI 

Telephone Number 269-425-6087 

Email Address (do not enter unless you want MTT to send all correspondence via email) 

kpmhomes1@gmasil.com 

Section 3: Subject Property Information 

How many 

If you are appealing more than one parcel, are they contiguous or adjoining? 

parcels are you 

Yes* 

[] No** 

appealing? 

*If yes, use a multiple parcel form for information regarding any contiguous parcels. 

1 

**If no, you must file separate appeals for each non-contiguous or non-adjoining parcel or you will be defaulted. 

Property Address (No., Street, City, ST, ZIP) 

[If multiple, list first property's address]

Page 2

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON I. BROWN, DPA 

GOVERNOR 

LANSING 

DIRECTOR 

Section 4. Issues Being Appealed (check ail that apply) 

True Cash and Taxable Value 

[J poverty Exemption 

[J Taxable Value Only (calculation) 

[3 Disabled Veterans Exemption 

[1 Uncapping of Taxable Value 

[J Eligible Manufacturing Personal Property (ESA) 

[J Exemption from Taxation (other than the denial of a 

[1 Classification 

Principal Residence or Qualified Agricultural Exemption) 

Section 5: Explain the Reason for this Appeal 

Assessed value does not reflect true cash value, There was a hearing for 24-003889 On 

September 6, 2024 and the Tribunal determined at for 2023 the TCV shall be $31,00.00 

SEV $15,500 and the TV $15500.00. These numbers were never entered into the tax 

rolis and there for we requesting the adjustments for 2023 - 2025 in accordance with the 

Tax Tribunal findings. 

Section 6: Jurisdictional Issues 

Year(s) you are appealing: 

2023-5 

Did you protest the assessment at a Board of Review (BOR)? 

Yes 

[1] No 

If Yes, check which BOR you attended AND attach the BOR decision: 

March 

a July 

& December 

If No, check the applicable reason(s): 

[i] Not required to attend 

[| Assessment Change Notice was not received by Petitioner 

[| Appealing a purported Clerical Error or Mutual Mistake of Fact (if yes, include explanation in Section 5) 

[a] Appealing within 35 days of State Tax Commission Order 

[| Appealing within 35 days of receipt of Notice of Uncapping

Page 3

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON 1. BROWN, DPA 

GOVERNOR 

LANSING 

DIRECTOR 

Section 7: Valuation Information *use te multiple parcel form for additional, contiguous parcels. 

Parcel Identification Number: 

51-014-192-00 

Classification of Property: 

Real 

Personal 

(check one) 

Agricultural 

Commercial 

industrial 

Residential 

Timber-Cutover 

Developmental 

Utility 

(check one) 

[A 

Current Assessed Value (also known as State Equalized Value) as established by the BOR: 

39000 

Current Taxable Value as established by the BOR: 

32693 

What do you believe is the fair market value (also known as True Cash Value)? 

Multiply the True Cash Value by .5 and enter here. This is your contention of Assessed Value, 

15,200 

if you believe the Taxable Value differs from your contention of Assessed Value, enter your contention of Taxable Vaile. 

Section 8: Classification Information *Only the Mi Dep't of Treasury may appeal this issue to the Tribunal* 

-1-Parcel identification Number: 

51-014-192-00 

Current Classification of Property as established by Board of Review: 

Real 

Personal 

(check one} 

=] 

Agricultural 

Commerciai 

Industrial 

Residential 

Timber-Cutover 

Developmental 

Utility 

(check one) 

J} 

What do you believe is the property’s classification? 

Real 

Personal 

(check one} 

Agricultural 

Commercial 

industrial 

Residential 

Timber-Cutover 

Developmental 

Utility 

(check one) 

0 

[= 

ml] 

m] 

a 

[| 

[| 

. 

. If improved property, how is the property currently being used? 

improved property, for what use was the property designed?

Page 4

GOVERNOR 

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON L BROWN, DPA 

LANSING 

DIRECTOR 

Fee Information 

Does the subject property have a Principal Residence Exemption of at least 50% as of the date of the filing of this petition? 

[I] Yes 

No 

Are you appealing ONLY the denial of a Poverty Exemption or Disabled Veterans Exemption? 

3 ves 

No 

if you answered yes to either or both of the above questions, you are not required to pay any filing fees, 

The filing fee is based on the greater of the State Equalized Value or Taxable Value in contention. 

if you are appealing more than one 

parcel, the parcel with the highest State Equalized Value or Taxable Value in contention will be used to determine your filing fee, plus 

$25.00 will be added for each additional parcel being appealed, not to exceed a total filing fee of 

$1,000. 

if your property is residential property (see MCL 205.762) and 

the State Equalized Value or Taxable Value in contention is: 

Filing Fee is: 

$100,000.00 and under 

$125.00 

$100,000.01 to $500,000.00 

$200.00 

$Over $560,000.00 

$300.00 

if your property is 

NOT residential property (see MCL 205.762) and 

the State Equatized Value or Taxable Value in contention is: 

Filing Fee is: 

$100,000.00 and under 

$250.00 

* Plus $25.00 for each additional parcel, as indicated above. 

If your property is NOT residential property and the State Equalized Value or Taxable Value in contention is $100,000.01 or greater the 

appeal does not qualify for Smali Claims. Therefore, an Entire Tribunal petition must be filed. 

. 

Signaturesreafirdd, 

Petitioner or CATRTISCN 

Signature: 

Isl 

: 

| 

v 

NF

Page 5

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON I. BROWN, DPA 

GOVERNOR 

LANSING 

DIRECTOR 

Virginia Ave Properties LLC, 

Petitioner, 

MICHIGAN TAX TRIBUNAL 

Jo p, 

SMALL CLAIMS DIVISION 

v 

4 sof 

MTT Docket Nos. 23-003284 

& 24-003889 

City of Albion, 

Presiding Judge 

Respondent. 

Patricia L. Halm 

FINAL OPINION AND JUDGMENT 

ORDER SEVERING 2024 TAX YEAR AND ASSIGNING IT 

DOCKET NUMBER 24-003889 

The Tribunal issued a Proposed Opinion and Judgment (POJ) on September 6, 

2024. The POJ states, in pertinent part, “t]he parties have 20 days from date of entry 

of this POJ to notify the Tribunal in writing, by mail or by electronic filing, if 

available, if they do not agree with the POJ and to state in writing why they do not 

agree with the POJ (i.e., exceptions).” 

Neither party has filed exceptions to the POJ. 

The Administrative Law Judge (ALJ) considered the testimony and evidence submitted 

and made specific findings of fact and conclusions of law pertaining to the 2023 tax 

year. The ALJ's determination is supported by the testimony, evidence and applicable 

statutory and case law. 

Neither party provided any relevant evidence of value for the 2024 tax year, however, 

and “the Tribunal may not automatically accept a respondent's assessment, but must 

make its own findings of fact and arrive at a legally supportable true cash value.” As 

such, the Tribunal shall sever the 2024 tax year, assign it 

a new docket number, and 

parties will be ordered to file pleadings specific to the 2024 tax year. 

Given the above, the Tribunal adopts the POJ, pertaining to the 2023 tax year, as the 

Tribunals final decision in this case.? The Tribunal also incorporates by reference the

Page 6

MTT Docket Nos. 23-003284 & 24-003889 

Page 2 of 4 

a. 

~The property's true cash value (TCV), state equalized value (SEV), and 

taxable value (TV), as estabiished by the Board of Review for the tax year at 

issue, are as follows: 

Parcel Number: 13-51-014-192-00 

Year 

TCV 

SEV 

™ 

2023 

$60,400 

$30,200 

$30,200 

b. 

The property's TCV, SEV, and TV, as determined by the Tribunal for the tax 

year at issue, are as follows: 

Parcel Number: 13-51-014-192-00 

Year 

TCV 

SEV 

TV 

2023 

$31,000 

$15,500 

$15,500 

IT IS SO ORDERED. 

IT IS FURTHER ORDERED that the 2024 tax year shall be SEVERED and assigned 

Docket No. 24-003889. 

IT 1S FURTHER ORDERED that Petitioner shall file a petition pertaining to the 2024 tax 

year within 21.days of the entry of this Order.> The petition shall note the docket 

number assigned by the Tribunal for the 2024 tax year and if filed utilizing the Tribunal’s 

e-filing system, must be filed on the assigned 2024 docket number as a “Severed 

Petition.” 

IT IS FURTHER ORDERED that the Tribunal shall issue a Notice of Docket after receipt 

of the petition. 

iT IS FURTHER ORDERED that the officer charged with maintaining the assessment 

rolls for the 2023 tax year shall correct or cause the assessment rolls to be corrected to 

reflect the property's true cash and taxable values within 20 days of entry of this Final 

Opinion and Judgment, subject to the processes of equalization.# To the extent that the 

final level of assessment for a given year has not yet been determined and published, 

the assessment rolls shall be corrected once the final level is published or becomes 

known. 

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

ect taxes and any applicable interest or issue a refund within 28

Page 7

MTT Docket Nos. 23-003284 & 24-003889 

Page 3 of 4 

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. 

A sum determined by 

the Tribunal to have been uniawfully paid shall bear interest from the date of payment to 

the date of judgment, and the judgment shall bear interest to the date of its payment. A 

sum determined by the Tribunal to have been underpaid shall not bear interest for any 

time period prior to 28 days after the issuance of this Final Opinion and 

Judgment. Pursuant to MCL 205.737, interest shall accrue (i) after December 31, 2013, 

through June 30, 2016, at the rate of 4.25%, (ii) after June 30, 20186, through December 

31, 20186, at the rate of 4.40%, (iii) after December 31, 2016, through June 30, 2017, at 

the rate of 4.50%, (iv) after June 30, 2017, through December 31, 2017, at the rate of 

4.70%, (v) after December 31, 2017, through June 30, 2018, at the rate of 5.15%, (vi) 

after June 30, 2018, through December 31, 2018, at the rate of 5.41%, (vii) after 

December 31, 2018 through June 30, 2019, at the rate of 5.9%, (viii) after June 30, 

2019 through December 31, 2019, at the rate of 6.39%, (ix) after December 31, 2019, 

through June 30, 2020, at the rate of 6.40%, (x) after June 30 2020, through December 

31, 2020, at the rate of 5.63%, (xi) after December 31, 2020, through June 30, 2022, at 

the rate of 4.25%, (xii) after June 30, 2022, through December 31, 2022, at the rate of 

4.27%, (xiii) after December 31, 2022, through June 30, 2023, at the rate of 5.65%, (xiv) 

after June 30, 2023, through December 31, 2023, at the rate of 8.25%, (xv) after 

December 31, 2023, through June 30, 2024, at the rate of 9.30%, and (xvi) after June 

30, 2024, through December 31, 2024, at the rate of 9.50%. 

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

- 

Docket No, 23-003284. 

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. 

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,

Page 8

2025 BOARD OF REVIEW DECISION 

FROM 

CITY OF ALBION 

112 W CASS ST 

ALBION, MI 49224 

NAME AND ADDRESS OF OWNER OR PERSON NAMED ON ASSESSMENT ROLL: 

PROPERTY IDENTIFICATION: (Parcel Code required. 

Property address 

and legal description optional.): 

51-014-192-00 

407 BOOTH DR 

VIRGINIA AVE PROPERTIES LLC 

247723 DRS 

HOMER, MI 49245 

WIENER'S ASSESSORS PLAT LOT 192. (407 BOOTH DRIVE) 

MCL 211.27 $2200 1994 

THIS PROPERTY IS CLASSIFIED 

401 (RESIDENTIAL-IMPROVED) 

Thank you for attending this years March Board of Review. The Board has reviewed the information you supplied and the data necessary 

to compute your assessment and taxable value. 

The Board has completed their review of parcel number 

51-014-192-00 

They have made the following determination based on the information you supplied. 

Board of Review Comments 

APPEAL DENIED - NO EVIDENCE TO SUPPORT APPEAL. 

[2025 

ORIGINAL ASSESSED VALUE 

39,000 

] 

[2025 

"BOARD OF REVIEW" ASSESSED VALUE 

39,000 

(If the above amounts are the same, no revisions have occured) 

2025 

ORIGINAL TAXABLE VALUE 

32,693 

[2025 

"BOARD OF REVIEW" TAXABLE VALUE 

32,693 

[2025 

PRINCIPAL RESIDENCE EXEMPTION/QUALIFIED AG 

0.0000 

] 

Please feel free to contact the assessor at the address listed above or call if you have any questions. 

If you disagree with the decision of the Board of Review, you can further appeal to the Michigan Tax Tribunal. 

Effective March 1, 2013, the Tribunal is no longer able to accept Small Claims letter appeals. Rather, you are required to file a petition to 

initiate a new Small Claims appeal. Please go to the Michigan Tax Tribunal Website for instructions and how to obtain a petition, 

http://www.michigan.govi/taxtrib

Page 9

CERTIFIED MAIL 

Katyn Property Monageinent, 

| | 

| I 

PO Box 113 

| 

x 

7022 

2410 

0003 

2070 

3351 

Mbion, MI 

47174 

Mithig \a Tox

PO Bex 363d

Lonsing,MT 4

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