Piper.pdf
Debra Z Piper, Petitioner V Township Of Weldon, Respondent · 24-003520-TT
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Page 1
CUNNINGHAM DALMAN rc ATTORNEYS AT LAW Michigan Tax Tribunal ATTN: Clerk P.O. Box 30232 Lansing, MI 48909 June 13, 2024 Jeffrey K. Helder Ronald J. Vander Veen Carole D. Bos Bradley K. Glazier Randall S. Schipper Susan E. Vroegop Gregory J. McCoy P. Haans Mulder Vincent L. Duckworth+ Nicholas R. Dekker Jessica Arends Jennifer A. DeYoung John D. Fitzpatrick* Thomas J. Hillegonds Lindsey Schoettle Gorsline™ Derek W. Dalman Rachel L. Hillegonds Robert M. Howard Carl Thorwall Of Counsel: Ronald L. Dalman James A. Bidol Andrew J. Mulder Joel G. Bouwens David M. Zessin RE: Property Tax Appeal Petition Form — Valuation/Exemption/Classification Appeal; Weldon Township, Benzie County Property: PP#12-101-004-00 Dear Clerk: Enclosed for filing please find the Property Tax Appeal Petition Form signed by Petitioner Debra Z. Piper, as well as my signature as the attorney for the Petitioner. Also enclosed please find our check in the amount of $200, payable to the State of Michigan, representing your filing fee. Please contact me if you have any questions regarding this matter. Thank you. Very truly yours, Buchel £, Fillegonds Rachel L. Hillegonds rachel@cunninghamdalman.com RLH/ljc
Page 2
STATE OF MICHIGAN
GRETCHEN WHITMER
GOVERNOR
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
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.
submit this document, you may be held in defauit.
Pursuant to Michigan Tax Tribunal Rule (TTR) 277(3), 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 Smali Claims Petition, if applicable. If you do not
Section 1: Petitioner’s Contact Information
810-618-2607
First Name
Mi
Last Name/Company Name
Debra
4
Piper
Mailing Address (No., Street, P.O. Box or Rural Route}
7540 Ore Knob Drive
Clty or Town
State
ZIP Code
Fenton
Mi
48430
Telephone Number
Fax Number
ddeapiper@gmail.com
E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail)
Representative’s Contact Information
First Name
Rachel
Section 2: Petitioner’s Attorney/Authorized
}
M.I
L.
Last Name
Hillegonds
Firm Name (if any) Cunnningham Dalman, P.C.
Address (No., Street, £.0. Box or Rural Route)
321 Settlers Road
616-392-1821
City or Town
State
2IP Code
Holland
MI
49423
Telephone Number
Fax Number
616-392-4769
rachel@cunninghamdalman.com
E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail)
Section 3: Subject Property Information
How many
parcels are you
appealing?
OJ vest
[J nor
If you are appealing more than one parcel, are they contiguous or adjoining?
*If yes, use a 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.
MARLON
|. BROWN, DPAPage 3
al el Uses 2a STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON |. BROWN, DPA GOVERNOR LANSING DIRECTOR Section 4: Issues Being Appealed (check all that apply) [O True Cash and Taxable Value [O Poverty Exemption [ Taxable Value Only (calculation) [O Disabled Veterans Exemption [Vl Uncapping of Taxable Value O Eligible Manufacturing Personal Property (ESA) [J Exemption from Taxation (other than the denial of a [O Classification Principal Residence or Qualified Agricultural Exemption) Section 5: Explain the Reason for this Appeal The Matthieu Gast Act was not properly considered by the Assessor or the March Board of Review in determining 2024 taxable value of the property. Between 2021 and 2023, the petitioner repaired and replaced much of the exterior of the house - the roof, the deck, steps, sidewalks and drive, and the siding, windows, insulation, weatherstripping, and doors, in a 40-year old home. The work completed which was not part of the structural addition were repairs and replacements expressly cited in Matthieu Gast Act. Although a Form 865 was not previously submitted by the petitioner, a copy of the Form 865 is attached for purposes of supporting the non-consideration items. The Matthieu Gast Act provides for mandatory non-consideration of such items, regardless of whether a Form 865 was submitted. The house was originally approximately 2,049 square feet (4 bedrooms, 3 baths), and only 897 square feet of bedroom and family room area was added, plus a one car garage. 70% of the original home (walls, floors, etc.) remained, and only approximately 30% square footage of living space was added. With respect to that 30%, the mechanicals (heating, plumbing, and electrical) already existed, as did a roof which needed replacing over the original single story of the house due to previous ice dam damage. In 2022, the assessor increased the taxable value (not including permitted inflation rate) by $49,587, which reflects an approximate 40% increase in taxable value, and approximate 29% increase in assessed value. The petitioner did not object to this, believing this increase to be fair for the square footage added to the home. The assessor then increased the taxable value again in 2024 for the "additions" by $182,403, with the Board of Review reducing that number to $105,900. The addition to the taxable value in 2022 properly reflected an increase in value for the additional living space and garage added to the home. No uncapping or increase should have occurred, aside from the permitted inflation rate, in 2024. Therefore, the taxable value for 2024 should be no more than $191,628. Section 6: Jurisdictional Issues Year(s) you are appealing: A024 Did you protest the assessment at a Board of Review (BOR)? [ Yes [J No If Yes, check which BOR you attended AND attach the BOR decision: [yf March [J uly [J December If No, check the applicable reason(s): Not required to attend a Assessment Change Notice was not received by Petitioner O Appealing a purported Clerical Error or Mutual Mistake of Fact (if yes, include explanation in Section 5) Appealing within 35 days of State Tax Commission Order [Hl] Appealing within 35 days of receipt of Notice of Uncapping
Page 4
STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR Section 7: Valuation Information *use the muttiple parcel form for additional, contiguous parcels. Parcel Identification Number: 12-101-004-00 Classification of Property: Real Personal (check one) Agricultural Commercial Industrial Residential Timber-Cutover Developmental Utility (check one) $369,300.00 Current Taxable Value as established by the BOR: $297,528.00 What do you believe is the fair market value (also known as True Cash Value)? $738,600.00 Multiply the True Cash Value by .5 and enter here. This is your contention of Assessed Value. $369,300.00 If you believe the Taxable Value differs from your contention of Assessed Value, enter your contention of Taxable Value. $191,628.00 Section 8: Classification Information *oniy the Mi Dep't of Treasury may appeal this issue to the Tribunal* Parcel Identification Number: Current Classification of Property as established by Board of Review: Real Personal (check one) a Agricultural Commercial Industrial Residential Timber-Cutover Developmental Utility (check one) What do you believe is the property's classification? Real Personal (check one) 0 Agricultural Commercial Industrial Residential Timber-Cutover Developmental Utility (check one) If improved property, how is the property currently being used? If improved property, for what use was the property designed?
Page 5
06/10/2024 08:39
FAX
Roo
hres
STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON |, BROWN, DPA
GOVERNOR
LANSING
DIRECTOR
Fee Information
Crows the subject property have » Principal Residence Exemption of al israt 80% as of the date of the filing of this petition?
Cv
6 No
Arg you appealing ONLY the denial of a Rovarty Exemption or Dianblad Veterans Exemption?
ver
Id to
If you answered yon to either or bolh of the above quastions, you ara pot recjuired to pay any Ning fews,
Tha filing fen is basad on tha grantar of tha Sata Equalized Vili ar Taxable Value in contention.
If you a1 appaaiing more (Han ona
parcel, the parcel with the highest State Equalized
Value or Taxable Valuo in contention will ba usad to determine your fling tue, plus
$26.00 will be added for each additions! paraet being mspealted, not to wxoasd a total filing fas of $1,000,
Hf your property is reaidentinl properly
(see MCL 206,768) and
the State Equailzad Valus or Taxable
Value in contention is:
Filing Fee In:
$100,000.00 and uncer
$126.00
il 00,000.01 to $600,000.00
200.00
Over $500,000.00
00.60
H your properly is NOT rasldential property (see MCL 205.762) and
hn Btate Equalized Value or Taxable Vatue in contention ia;
Fling Fao in:
$100,000.00 and undar
$250.00
* Plun $28.00 for anch additional parcel, us indlonted above.
{f your proparty Is NOT raskdentinl proparty and the Stats Equalized Value or Table Value in contention Ia $100,600.09 ar graster the
appeal does not qualily for Smal} Claima, Tharatars, an Entire Tribunal petition must be Sled,
Signature regis
We or tt 2, Represantativa’a Signature:
nt Veda 2
Cor Zaead
aPage 6
Cy STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR 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? [Yes [4 No Are you appealing ONLY the denial of a Poverty Exemption or Disabled Veterans Exemption? [J ves [J 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 $500,000.00 $300.00 If your property is NOT 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 $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 Small Claims. Therefore, an Entire Tribunal petition must be filed. Sighature “Required itigher or Attorns ut! pe iE resentative’s Signature: tf WLM Dynegy (Fotos)
Page 7
A pres
o Team
i sent Form
.
-12)
Petition to Board of Review
L405
This fori i lasued under the authority of
A. 206 of 1803, ss amended, Fling ly voluntary, however you may nat appeal to the Michigan Tax Tribunal
or the State Tax Qommbssion unissa you first protest
to the Board of Review.
10 85 CLIMELE LEU BY UNWVNER UK OWNERS ASN
"Be yoy a N
Pattionars Nate (If Other than Owner. Plerso fiat
or Type)
!
nt
—.
Coun
Vo
"Weldon
" Benele
ne unaentighen PIOHISTS UY RERAINNG VEINY AAIOF Ue DHTETIVE BANATHS VAIS ANO/ET Ine BIOPATTY oiRISMaNKian ARIAT ENE QUINN
agrisultural proparty exemption of the following desoribad prapurty;
Prapesty identtied (Harcal coda required. Property addrass & legal duration optional)
|
17
= 101-0000
SE
Protested tem
[X) Assessed Value
Xl Tentative Taxable Value
[[] Classification
[_] Qualified Agricultural
Pi
Exemption
1. PROTEST OF ASSESSMENT
roperly
Exe
(Complata this section for
a protest of ansessed value andor bnisiive taxable vaiie}
Tentative Taxnbk Value
You
| Assased Amount
[over Eibtiandn
of Tra Gost Vee
2. PROTEST OF CLASSIFICATION
(Complete this section for & quest to change he classification. Tha Hoard of Review must make thelr decision regarding classification in
ABCONIRIIC
WIT SOCUSN £11.34 OF the MICHIGAN LOMPIed LAWS, [Re LORA GT HUVIEW SHR NOT
D6 INfIUANCAN Gy The Giect that & pamcuar
claunification has an that propery's status as a homeowner's principal residence of yualfied sgrieuitival propery.)
Chessiication of property on this year's assessment rol
Classification should
be {check one of the folksng):
me
r=
ee
ua]
[J Agreunurar
[.] Instr
{| timoar Ltitover
{J unity (Persona; Froperty Ln)
{J commercial
[7] Residential
[I Developmental
3. PROTEST OF EXEMPTION FOR QUALIFIED AGRICULTURAL PROPERTY
{ifthe ee rr
nas apnied or on
ne faba GF 118 AXBTAPHON OM UW 14 IIIS OT [GCA] BENTO) operating tax i CuaITed agncuiturdl
property. te
fray spposl 44
vw March Board of Review, THE BOARD OF REVIEW HAS NO AUTHORITY TO CONSIDER OR
THE EXEMPTION PROM THE 18
rghit OPERATING MILLS FOR HOMEOWNERS PRINCIPAL RESIDENCE PROPERTIED.)
[]
Percent
SKompRon
(xpi bY Gwoer (Et 100
I fk
Fars
alhad cormutia esepgon raid By sesonior (Er Tampon
Person! Geka
fcr
ToguBeRd
bY.
[
4, REASON FOR PROTEST
anan(s)
fot
ssid vuluo sivkfor
tha
tertelive
he vole
operty
A ichiye qi Gast
Ret xr SPT
A)
pyr [¢ RECs] SI ED 5 Lang
1° Sensicleration orf rp
vs
nel PERCE IETS of%
1 Febery Hag
Sheil vrei
Te
ee chi 1 is geld, Smee TE eyes
ih
ob D's ome was led
dct, dil
he pertian ahribatople ls kid
Ch
ldeid shold
bc inde 21 Fhe Toes
4
|p)
ral
bargeoren? sadl #9 EranPage 8
Form 618, Page 2
FOR BOARD OF REVIEW USE ONLY
A
INSTRUCTIONS! Incorporate a copy of this form and the assigned number in the Board of Review minutes.
Pat
;
\
\
tition Number M i! Or - 4
i
Purest Cogs 10 [ o< Sk { - 0
1. ASSESSED VALUE
Disposition by Board
of Revisw. The Board of Ravisw must slate
%
-
.)
Denied
Assessed Value Changed From VEEWIZE
to LIA, 3X2
Record of vate - Board ar three member commiiies of board
Chairperson: F] ves
[7] No fe
Member: 0
ves Cine gp
Member: 2) ves [No A
Reason
for bowd action
7 Jay Mrpuse
wl inflane pk in pass
KE fede a
'
:
.
wre [&]
fr
ft Fiom$65S
otha ol fen
iw disagroe with (he
decision of the Board of Review regarding tentative assessed value, you may appex! that decision by filng a patition with the
gan Tax Tribunal af P.O. Box 30232, Lansing, Mi 48609, Commercial Real, Indusldal Real, Developmental Resi, Commarclal Parsens),
(ndustrial Personal and Utility Personal Property may be appoalad by May 31, Agricultucal Real, Residential Raa, Timber-Cutover Real and Agricultura
Personal Property may be appealed by July 31. The petition must be fils on a Michigan Tax Yeitunal form or a form approved by the Michigan Tex
LM
n Tex
Tribunal forms
allable
michigan. goviaxidb,
2. TENTATIVE TAXABLE VALUE
Diaposition by Board of Review. The Board of Review must state the reason for Its action below.
.
[J penied
[52 Tentative Taxable Value Changed From 374, T4€
to 369, 30¢
Record of vote + Board or three member commitiee of board
i
X
12
:
-
‘
Chairperson: {) Yes CIN el
Member x Yes (No 7
Member: [Yes
[_] No —
nitinig
Asasen for bord sotion
ns
NY
-
:
Se. Aly WE
yo disagree with the datlsion of the Board of Review garding tentative taxable valus, you may appeal thet decision by filng a patition with lhe
igan
Tax Tribunal
at P.O. Box 30232,
AA 48808. Commercial Real, industriel Real, Daveloprrental Remi, Commercial Fersond,
industrial Personal and Utility Personal Properly may be appaaied by May 31. Agficultural Real, Rasidentlal Real, Timber-Gutovet Real and
Agriculiural Personal Property
may be sppealad by July 31. The peliion must be fist on a Michigan Tex Tribunal foi of
a farm approved by the
Michigan
Tax Tribunsl. Michigan Tax Tribunal forms are avaliable at ww. michigan goviigxtrb.
3. CLASSIFICATION
Disposition by Board of Review, The Board of Review rust state tha reason for ts action below.
[Tlpenied
[7] Classification Changed From
to
Record of vote - Board of three member committes of board
Chairperson: [] Yes
[7] No
Member
[Jves
[No
rainy
gio
Reason
for bod selon
Member: [| Yes [No
TREN
TRE.
A
If you disagres With the decision of the Board of Review regarding classification, you may appeal by sending Farm 2167 to tha State Tex Commision
at P.O. Box 30471, Landing, MI 48909 by Juns 30.
4, QUALIFIED AGRIGULTURAL PROPERTY EXEMPTION
.
Disposition by Board of Review, The Board of Review must tate the réeon
for He action Delow.
0 Exemption Requsst Denied
J Exemption percent modified from
% to
%
Recast of vole» Board of three member commiiiee of hoard
INo |Page 9
1.-4035a
Parcel No, 12:101-004-00
Petition No. MBOR-004
Mishigan Dopartment
of Treasury
1920 (Rov, 11443)
2024 Taxable Value Calculations Worksheet
nusd urider authory of PA, 208 of 1483, Piling Is mandatory,
This form must be completed by the Board of Review {B of R) and made patt of the Board of Review Record
whenever a change Is made to an individual parcel of property which causes Taxable Value to change.
Complate Section 1
if the B of R changes Capped Value.
BECTION 1
By Assagsor
ByBofR
2023 Final Taxable Value as set by Assessor, Board of Review or Michigan
Tax Tribunal (Enter number into column Jabeled "By A8SBBSON").
vi iions®
182,503
182,603
Amount Of LOSER cinnamon
te seers
[(]
q
(Ses page 11 and 12 of 8TC Bulletin #3 of 1996 for formulas)
i
Amount of Additions
p—
183,400
103,900
(See pages 6-11 of STC
Bulletin
# 3 af 1998 for formulas. IMPORTANT: See STC Bulletin Na.
3 of 1987 fr
change to formula for Replacement Construction).
2024 Capped Value
mw (2023 Taxable Value « Losses)
X CP)
+ Additions
(
182,603
.
[1]
yX
1.080
+
105,900
®
it
27528
pypork
2024 Capped Value
297,528
Complete Section 2 if the B of R changes Assessed Value,
NZ
Br.Asaessor
ByBofR
2024 Asg08880 VAIUE ovine
asso mnie
&
475,200
368,300
2024 Tentative SEV
= 2024 Assessed Value X 2024 Tentative Equalization Factor
=
369,300
X
1.000
=
369,300
ByBofR
2024 Tentative SEV =
369,300
2024 Tentative Taxable Value Is the lesser of the 2024 Capped Value or the 2024 Tentative SEV,
2024 Tentative Taxable Value =
297,528Page 10
SUBJECT INFO Flle No; Parcel No.: Property Address: Clty: County: State: ZipCoun: Owner: Client: Client Address: Appraiser Nama: Inspection Dates: SKETCH RATA 28TY/CRAW 1228.3 sf [14] © STUD WALL X STORY, ORG, 2 MANY/AVE er VINYL CASEMENT “92 > +10 Eraitiony Areimiiy COMMENT TABLE 1 Cuaricrate Covered . GAR Garage 1.0 QVR QOVERHANG 1.0 COMMENT TABLE 2 COMMENT TABLE a
Page 11
04/26/2024 09:12 FAX Boos Dated this__[3 day of _3<i a ua ry WR, A otren 2 [ese * [4 ’ Debye Z. Prper [] State of Mrdnagn ) County of te BAL 158, sh The foregoing instrument was acknowledged before me this jE) day of Denman 20.83. by Delo re, ra Pooper * £4 rey Towers Notary Public “wBenz.sd County, Dichigasy My Commission Expires: 9 Ag Jagan
Page 12
atment of ras
1), Formerty
L-
bri
[X
, S16
This form Is issued under authority of
Section 211.27, MCL. Filing is voluntary.
REQUEST FOR NONCONSIDERATION OF TRUE GASH VALUE OF
RF inital Fig
NORMAL REPAIR, REPLACEMENT AND MAINTENANCE EXPENDITURES
Supplemental Fin
(SECTION 27 OF P.A. 206 OF 1803, AS AMENDED)
£1
Supp!
9
For Year Ending
SEE INSTRUCTIONS ON REVERSE
December 31,
Owner's Name
Claim No.
Yim
2. Piper
Address
Add
2g"
Warshre
rd
Parcel
Code
Ni
1958 Of
arcal
10.
Piompaonilhe
mi yo
/2-/0)-00Y-0D
Enter Cost of:
(a) Outside painting
(b) Repair or replace
La
. Sidewalks
. Drives
(e) Add or replace gutters or downspouts
(f)
Replace storm windows or doors
{g) Insulation or weatherstripping,.
(h) Rewiring.
( Replace
. Plumbing fixtures
. Light fixtures
(i) Replace furnace
P10;
(k) Interior
1. Repai
ate
*Describe other decorating:
2. inside painting
3. Other decorating”
(1) Replace
"
1. Ceiling.
Fehone SHrs ve
2 wal,
Dey t#1700
3. Floor surface
op?® Ne, LVF heated Soors
{m)
Remove Ties 4
(n) Replace water heater
(0) Replace dated interior woodwork
| TOTAL EXPENDITURES FOR YEAR — Builders Nvoice.
II Expenditure which was part of a structurat “addition Voi?)
of.
Hi Expenditure which was not part of a structural addition (line'l minus line. [|
Signature of en er
»
Estimated Trio Cash Value Afier Repak,
Replacement
and Mantenance
pak.
Estimated True Cash Vala flefore Repair. Replacement
Estimated True Cash Vaiue of Repar. Replacement and Maintenance
ad Mantenunce
for NonconsiderstonPage 13
Michigan Tax Tribunal ATTN: Clerk P.O. Box 30232 Lansing, MI 48909
Page 14
CUNNINGHAM DALMAN ec ATTORNEYS AT LAW 321 Settlers Road PO Box 1767 Holland, Michigan 49422-1767