Amended Petition.pdf
Marion A Mills, Petitioner V City Of Port Huron, Respondent · 25-002826-TT
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September 12, 2025 Amended Petition Filing MTT Docket No. 25-002826 To the Clerk of the Tribunal: Pursuant to the Tribunal’s September 9, 2025 Order of Default, am submitting the attached Amended General Property Tax — Small Claims Petition to cure the deficiencies noted. * Correct Petition Form: The amended petition is filed under the General Property Tax category, rather than the PRE/Qualified Agricultural Exemption form previously submitted. * Notice/Decision: I am attaching the Assessor’s denial email regarding the application of my exemption to the refuse charge. * Tax Bill: I am also attaching a copy of my tax bill showing the disputed refuse charge, which is the basis of this appeal. These attachments demonstrate both the decision giving rise to this appeal and the nature of the disputed charge. I respectfully request that this amended filing cure the default and that my case proceed under the above-referenced docket number. Sincerely, Marion Adam Mills
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STATE OF MICHIGAN DEPARTMENT OF ENERGY, LABOR & PROPERTY TAX APPEAL DOCKET NUMBER ECONOMIC GROWTH MICHIGAN TAX TRIBUNAL PETITION FORM 25-002826 SMALL CLAIMS DIVISION - AMENDED PETITION - Failure to complete this form, including signature, and return it by the due date will result in this case being dismissed. If additional space is needed, please use a separate sheet of paper. See Line by Line Instructions on the back of the Cover Letter. 1. Petitioner(s) Name and Address 2. Agent or Attorney (if any) Name and Address Marion Adam Mills Veronica Steele (my wife) 2712 Military Street 2712 Military Street Port Huron, Michigan 48060 Port Huron, Michigan 48060 Petitioner's daytime Phone No. _530-683-5170 Agent/Attorney daytime Phone No. _810-990-6070 3. Provide the Property Classification (Residential, agricultural, personal, commercial, industrial, etc.): Residential 4. Location of Property: SELECT ONE: County _St. Clair City of Port Huron OR Township 5. Did Petitioner protest to the Board of Review? Yes © No ® (Reason attached separately ) If no, check all applicable reasons below and explain on separate sheet of paper, if necessary. Provide a copy of the documents from which you are appealing, including the Notice of Assessment and the Board of Review decision, etc. [CJ The Assessment Change Notice was not properly sent to Petitioner prior to the March Board of Review. Od Petitioner is appealing within 35 days of issuance of notice of action taken by July or December Board of Review. | | Petitioner is appealing a Clerical Error or Mutual Mistake of Fact. [J Petitioner is appealing within 35 days of issuance of a State Tax Commission Order. O Petitioner is appealing within 35 days of receipt of Notice of Taxable Value Uncapping. 6. Did Petitioner request a Poverty/Hardship Exemption at the Board of Review? Yes [@) No ©® Attach a copy of the Board's Denial, if available. 7. Check which of the following are being appealed. (See Instructions) [1 The property's true cash value and taxable value are incorrect. O The property's taxable value only was calculated incorrectly. [| There was an addition or loss to the property and the value is incorrect. [C1 The uncapping of the property's taxable value is improper. v4) The denial of a property tax exemption. (Do not use this form to appeal a denial of a principal residence or qualified agricultural exemption.) [] The denial of a hardship/poverty exemption. 8. Parcel # 1 Parcel # 2 (must adjoin Parcel # 1) a. Parcel Number (Property Identification Number) of property i Eq 0 being appealed. 06-222-0004-000 b. Tax Year being appealed. c. State Equalized Value (or Assessed Value) from either the Assessment Change Notice or the Board of Review Action Notice d. Taxable Value Not in dispute — appeal concerns application of exemption to refuselrecycling charge from either the Assessment Change Notice or the Board of Review Action Notice 9. Parcel # 1 Parcel # 2 a. What do you think this property is worth (its fair market value)? b. Divide your fair market value by 2 to determine your belief of the State Equalized Value. (Not applicable for taxable value only appeals) c. Provide Petitioner's contention of Taxable Value, if known.
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10. Explain the reason for this appeal. ( see attached statement ) 11. Does this property have a principal residence exemption (PRE) of at least 50% for the tax year(s) at issue? ® Yes. A fee is NOT required for the filing of this appeal if the property has a PRE of at least 50% for the tax years at issue. O No. A fee IS required for the filing of the appeal. (See Fee Schedule below.) Make your check payable to State of Michigan. Failure to remit the required fee with this form may result in dismissal of this appeal. Amount Paid: The fee is based on the SEV or TV Value in Contention, whichever is * Value in contention is the difference between the state equalized value as greater.* determined from the assessment and the state equalized value contended by the petitioner OR the difference between the taxable value as determined If the value in contention is: Filing Fee is: from the assessment and the taxable value contended by the petitioner, $100,000.00 and under $125.00 WHICHEVER IS GREATER. $100,000.01 to $500,000.00 $200.00 Over $500,000.00 $300.00 ** If you are appealing more than one parcel, the parcels must be ADJOINING. Use the parcel with the highest SEV or TV in contention to plus $25.00 for each additional contiguous (adjoining) parcel, which you determine the fee, plus $25.00 for each additional contiguous (adjoining) own, that you are appealing.** parcel that you are appealing. If the property at issue does not have a principal residence exemption of 50% or more for the tax year at issue, use this worksheet to determine the fee: A. Current State Equalized Value from Notice of Assessment: $ B. Your belief of the property's value: $ C. Divide line B by 2: $ D. Subtract line C from line A. The result is the SEV in contention, from which to determine the fee using the schedule above $ (Add $25 for each adjoining parcel you are appealing) If there is more than one adjoining parcel under appeal, use the parcel with the highest “SEV or TV in contention” for the base fee. C 12. Waza Hits (Petitioner's signature, required if no agent involved.) (Agent or attorney signature, if using an agent or nv RETURN THE ORIGINAL AND ONE COPY OF THIS COMPLETED FORM WITH TWO COPIES OF ANY ATTACHMENTS to: Michigan Tax Tribunal, PO Box 30232, Lansing, MI 48909. FAILURE TO PROVIDE A COPY OF YOUR PETITION AND ATTACHMENTS WILL DELAY PROCESSING OF YOUR APPEAL. KEEP A COPY OF THIS FORM AND ANY ORIGINAL ATTACHMENTS FOR YOUR RECORDS. The Tribunal is required to charge for copies of documents. The Department of Labor & Economic Growth will not discriminate against any individual or group because of race, sex, religion, age, national origin, color, marital status, disability or political beliefs. If you need assistance with reading, writing, hearing, etc., under the Americans with Disabilities Act, you may make your needs known to this agency. For further information, please contact the Tribunal at: PH: (517) 373-3003 Web Site: www.Michigan.govi/taxtrib E-mail: taxtrib@Michigan.gov TT262 Revised 02/10 1973 PA 186, As Amended
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Amended Petition Filing MTT Docket No. 25-002826 5. DID PETITIONER PROTEST TO BOARD OF REVIEW? I timely submitted to the Tax Assessor and requested it be put before the July Board of Review. The Assessor declined to submit this issue to the Board of Review, stating the exemption was granted but that the refuse charge was not subject to review under MCL 211.53b because it was no longer a tax and now a fee. 10. REASON FOR THIS APPEAL I'am appealing the City of Port Huron’s refusal to apply the 100% Disabled Veteran’s Exemption under MCL 211.7b to refuse charges (recycling charges, leaf collection charges) on my 2023- 2025 tax bills. In July 2023, the City replaced a 3-mill ad valorem tax for refuse collection (which was previously exempt under the Disabled Veteran’s Exemption) with a mandatory flat “refuse billing rate.” This charge: * Appears directly on the property tax bill, alongside ad valorem taxes, * Is compulsory and not usage-based, * Was previously included in the exempt portion of my tax bill, and * According to City records, was adopted to raise additional revenue. The Assessor confirmed that my exemption was otherwise granted but denied exemption of this charge, asserting that it no longer a tax but a fee, and declined to submit the issue to the Board of Review. Under Bolt v City of Lansing, 459 Mich 152 (1998), charges are deemed taxes in substance when they (1) raise revenue, (2) are mandatory, and (3) fund general public services unrelated to individual use. The refuse billing rate meets all three criteria and therefore remains a tax under the General Property Tax Act. Although the Michigan Department of Treasury’s FAQ states that the exemption under MCL 211.7b does not extend to “special assessments or user fees,” that interpretation is not binding and does not override controlling Supreme Court precedent. Bolt requires that the substance of the charge, not the label, determines whether it is a tax. In addition, the City has used a similar scheme for other services, such as leaf and recycling collection, by removing them from millage and imposing them as flat charges on the tax bill.
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Those charges were previously exempt when levied through millage, and this change deprives exempt taxpayers of the full protection of MCL 211.7b. Requested Relief: I respectfully request that the Tribunal find that the refuse billin g rate, and any other mandatory flat charges placed on my property tax bill that are in substance taxes under Bolt v City of Lansing, are subject to the Disabled Veteran’s Exemption under MCL 211.7b. The Tribunal should order the City of Port Huron to apply the exemption to such charges for tax years 2023-2025. pny Marion Adam Mills
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*** THIS IS YOUR TAX BILL **** CITY OF PORT HURON 2025 Summer MESSAGE TO TAXPAYER PAY ONLINE AT WWW.PORTHURON.ORG OR TOLL FREE AT En 844.749.0283 y PAYMENT MUST BE IN THE CITY'S POSSESSION [=] AS OF 7/31/25 TO AVOID ADDITIONAL FEES. AS OF MARCH 1ST, ALL OR PART OF YOUR PRIOR YEAR TAXES WERE RETURNED DELINQUENT TO THE COUNTY. FOR MORE INFORMATION PLEASE CALL THE COUNTY TREASURER (810) 989-6915. PAYMENT INFORMATION This tax is due by: 07/31/2025 CITY OF PORT HURON PROPERTY TAXES PO Box 773110 Detroit, MI 48277-3110 (Tp pn Pay by mail to: PROPERTY INFORMATION Property Assessed To: MILLS MARION A/STEELE VERONICA L 2712 MILITARY ST PORT HURON MI 48060 PORT HURON AREA SCH(¢ Prop #: 06-222-0004-000 School: 74010 Prop Addr: 2712 MILITARY ST Tegal Description: LOT 4 BLK 1 AVERY FARM PLAT OPERATING FISCAL YEARS The taxes on bill will be used for governmental operations for the following fiscal year(s): County: 01/01/2026 - 12/31/2026 Twn/Cty: 07/01/2025 - 06/30/2026 School: 07/01/2025 - 06/30/2026 State: 10/01/2025 ~- 09/30/2026 Does NOT affect when the tax is due or its amount TAX DETAIL Taxable Value: 112,273 RESIDENTIAL-IMPROV. State Equalized Value: 179,700 Class: 401 PRE/MBT %: 0.0000 23 SOUTH SIDE NIA Mort Code: Taxes are based upon Taxable Value. 1 mill equals $1.00 per $1000 of Taxable Value. Amounts with no millage are either Special Assessments or other charges added to this bill. DESCRIPTION - © MILLAGE — ~~ AMOUNT —— 74010 SCH OP 18.00000 EXEMPT 06 REFUSE 158.50 3 Total Tax 18.00000 158.50 Administration Fee 0.00 TOTAL AMOUNT DUE 158.50 TREASURER, CITY OF PORT HURON 100 MCMORRAN BLVD PORT HURON, MI 48060 810-984-9722 TAXPAYER NOTE: Is your name & mailing address correct? If not, please contact the Assessor's office. Property Addr: 2712 MILITARY ST m3 xk xx kk x *AUTO**5-DIGIT 48060 MILLS MARION A/STEELE VERONICA L 2712 MILITARY ST PORT HURON, MI 48060-6605 Please detach along perforation. 23 SOUTH SIDE NIA Keep the top portion. PLEASE RETURN THIS PORTION WITH PAYMENT. THANK YOU. This tax is due by: 07/31/2025 After 07/31/2025 additional interest and fees apply 06-222-0004-000 2025 Summer Tax for Prop #: CITY OF PORT HURON PROPERTY TAXES PO Box 773110 Detroit, MI 158.50 Pay by mail to: 48277-3110 TOTAL AMOUNT DUE 77311000000L22200040002025010000000158500