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V. Smith.pdf

Victoria L Smith, Petitioner V Township Of White Lake, Respondent · 25-003309-TT

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Page 1

RECEIVED 

JUL 03 2025 

MICHIGAN TAX TRIBUNAL 

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

ORLENE HAWKS 

GOVERNOR 

LANSING 

DIRECTOR 

PROPERTY TAX APPEAL PETITION FORM 

SPECIAL ASSESSMENT 

Pursuant to Michigan Tax Tribunal Rule (TTR) 277(3), you MUST submit a copy of the notice giving rise to the appeal (e.g. a copy of the 

resolution confirming the special assessment roll) 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 

MI. 

Last Name/Company Name 

Victoria 

L 

Smith 

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

1384 Caprice Street 

City or Town 

State 

ZIP Code 

White Lake 

Mi 

48386 

Telephone Number 

Fax Number 

248-563-5624 

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

dvsmith726@yahoo.com 

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

I 

First Name 

m.I. 

Last Name 

Firm Name (if any) 

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

City or Town 

State 

ZIP Code 

Telephone Number 

Fax Number 

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

Page 2

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

ORLENE HAWKS 

GOVERNOR 

LANSING 

DIRECTOR 

Section 3: Subject Property Information 

How many 

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

parceisareyou 

| [[] ves* 

[] No™ 

NIA 

appealing? 

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

*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 muitiple, list first property’s address] 

1384 Caprice Street, White Lake, MI 48386 

Parcel Identification Number(s}: 

Y-12-35-378-021 

Taxing Authority (City or Township) 

County 

White Lake Twp. 

Oakland 

Section 4: Explain the Reason for this Appeal 

We are being double charged for the sewer special assessment. This parcel is a vacant 

lot adjacent to our property (parcel Y-12-35-378-020 - see attached satellite photo). This 

vacant lot is not a buildable lot-it is narrow and abuts to an easement and also one of our, 

storage sheds is located on the lot. We have recently combined the parcels but the 

township said the special assessment district was already set up and will not adjust the 

assessment. When we originally purchased the property the realtor didn't realize the 

parcel was listed separately and the vacant lot was quit claim deeded to us. We were 

not aware until recently that we could combine the parcels. The vacant lot is currently 

not assessed other special assessment, i.e. rubbish and street lighting so we did not 

think we would be assessed for the sewers on the vacant lot either. 

Please 

See addendum 

~r more 

1ofsemdtion 

Section 5: Jurisdictional Issues 

Did you protest the special assessment at the hearing held to confirm the special assessment rofl? 

Yes 

[Hl] No 

if Yes, what was the date of the hearing held to confirm the special assessment roll? 

if No, explain: 

Fee Information:

Page 3

Addendum to SAD Appeal - Parcel Y-12-35-378-021 

Additionally, the final cost on the assessment was more than 10% higher than the original 

petition stated which under attached Special Assessment District Petition Process on the White 

Lake Township page required the project to be put on hold for 30 days and a new petition with 

the higher cost circulated to residents for approval. The township did not circulate a new petition 

but instead decided to take on the additional cost and did not inform residents until the final 

public hearing to approve the SAD. At that meeting the township advised those additional costs 

would be recovered through resident fees paid to hook up the sewer main so in fact we are still 

paying.

Page 4

Special Assessment Districts (SAD) 

Public water mains and sanitary sewers are typically extended to serve established neighborhoods 

by means of the special assessment process. The Assessing Department provides petitions with 

cost estimates for future water and sewer extensions in the planning phase of creating a Special 

Assessment District (SAD). 

SAD Petition Process 

The creation of a special assessment district requires a petition to be circulated by the residents in 

the proposed 

district. The petition must be signed 

by 

a 

majority 

of both 

land area and 

homeowners. After a successful petition 

is submitted, engineering plans and specifications are 

developed for public bidding. The Township will hold Public Hearings for those residents in the 

proposed district before proceeding with the construction project and establishing the special 

assessment. The financing of the project is contingent upon the available funding at the time the 

petition is submitted to the Township. 

If the final special assessment cost after receiving bids exceeds more than 10% of the cost 

presented on the petition, then the project will be placed on hold for 30 days. A new petition will 

then be circulated for approval of the new cost. The actual assessment cost will be due at start of 

construction and may be financed for ten years at 6% interest on the unpaid balance. 

Any questions involving special assessment districts should be forwarded to David Hieber at

Page 5

Creating a Special Assessment District 

SAD Expression of Interest Form 

Property owners have the ability to create a Special Assessment District by means of White Lake 

Township. Through 

a Special Assessment District, the residents who benefit from the project pay 

for the entire cost of the project by an assessment on their property. The design, financing and 

contract management of the project is done by the Township and these costs are included in the 

Special Assessment District. The Township’s Special Assessment District process 

is outlined as 

follows: 

Representatives of a homeowners association or group from 

a Township subdivision 

are encouraged to circulate an Expression of Interest Form, provided by the Assessing 

Department. The form will not include cost estimates. 

. 

After the homeowners have determined that there 

is sufficient interest (more than 

51%), they must submit the completed Expression of Interest Form along with a cover 

letter stating their desire to proceed with the Township's special assessment process to 

the 

Assessing 

Department. 

In 

turn 

the 

Assessing 

Department 

will 

forward 

the 

information to the Water/Sewer Department. 

. 

The Water/Sewer Department will forward the Expression 

of Interest Form 

to the 

Township's engineering consultant for a preliminary estimate cost, after approval by 

the Township Supervisor. The Assessor will prepare an official Township petition with 

the preliminary cost estimate for construction from the engineer. 

. 

The official Township petition will be given to the residents for circulation within the 

district. The petition must be signed by more than 51% of the property owners within 

the district. Any property owners not in favor of the project should not sign the 

petition. 

. 

The petition must be returned to the Assessing Department within 90 days of release. 

. 

After the minimum 51% of the property owners and frontage have been verified, the 

Assessing Department will present the petition at the next available Township Board

Page 6

7. 

The Township Board will open the Public Hearing of Necessity and listen to comments 

from property owners within the district. At the close 

of the Public Hearing, the 

Township Board 

will vote 

to proceed 

or reject the project. 

If the Board votes to 

proceed, 

this 

resolution 

also 

authorizes 

for 

the 

construction 

drawings 

and 

specifications to be completed for bidding. Also, at this same meeting the Township 

Board will schedule the second Public Hearing of the Assessment Roll. 

. 

After bids are received, the Water/Sewer Department or designee will determine the 

final 

project 

cost 

and 

the Township Assessor 

will 

determine 

the 

final 

property 

assessments. Property owners within the district will be notified of the assessment 

amount for the project. At the Public Hearing of the Assessment Roll, property owners 

are given the opportunity to speak and comment on the assessment. 

If the Board 

adopts the resolution confirming the assessment roll, the Township Board will award 

the contract to the lowest qualified bidder. Residents within the district have 30 days to 

appeal their assessment to the Michigan Tax Tribunal. If no appeals have been filed, the 

Township may proceed with construction of the improvements. 

. 

Once the project is approved and the assessment confirmed, the property owners will 

be invoiced their assessment. Property owners have the option to pay the assessment 

in full or finance the assessment up to ten (15) years. Assessment being financed will be 

billed annually on the winter tax bill. 

The process for establishing a Special Assessment District takes approximately 6 months before 

construction begins. The construction season in Michigan 

is limited to approximately 6 months, 

therefore sufficient time for planning ahead is recommended. Below is the anticipated schedule 

after the petition is submitted: 

Start 

Day 30 

Day 60 

Petition is submitted to the Township. 

Township Board accepts petition, declares the intent to proceed with the project 

and schedules the first public hearing. Engineering design is authorized to proceed. 

Township Board holds Public Hearing of Necessity and authorizes for project to be 

bid. The second Public Hearing is scheduled after the bids are due.

Page 7

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EP-15A AUGUST 2000

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