Pullen.pdf
Jeffery G Pullen, Petitioner V Township Of Burdell, Respondent · 25-002341-TT
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Page 1
Forestry & Wildlife Habitat Planning RECEIVED Jef Pullen 9 22108 23 Mile Rd. WAY 07 2025 Tustin, Michigan 49688 (231)645-8523 MICHIGAN TAX TRIBUNAL. Subject: Appeal of SEV for Parcel # 67 01 005 004 00 Date: 30.April.2025 To: Michigan Tax Tribunal 611 W. Ottawa St. P.O. Box 30232 Lansing, MI 48933 05/06/25 Dear Sirs/Madams, The purpose of this letter and attached forms and documents is to appeal the increase of the SEV for parcel # 67 01 005 004 00 and to appeal the decision made by the Board of Review of Burdell Township of Osceola County. The SEV was increased from $68,000.00 to $94,000.00. This is an increase of $26,000.00 or about 28%. The BOR offered no explanation except to say it was assessed at Fair Market Value. Attached you will find the following: e The completed Property Tax Appeal Petition Form. e A copy of my original submission to the Board of Review (BOR). e A copy of the BOR Decision. e A check for $125.00, the required fee. If you have questions or need additional information, please let me know. I can be reached at 231.645.8523 or via email at jgpullen56@gmail.com Sincerely, [s/Yeffery G. Puller Jeffery G. Pullen Natural Resource Professional Attachments: Completed Tax Appeal Petition Form, Copy of my original submission to the BOR, BOR Decision.
Page 2
GRETCHEN WHITMER
STATE OF MICHIGAN
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 Agricuitural Exemption, Special Assessment, or
Non-Property tax disputes.
submit this document, you may be held in default.
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
231.645.8523
First Name
MA.
Last Name/Company Name
Jeffery
G
Pullen
Mailing Address (No., Street, P.O. Box or Rural Route)
22108 23 Mile Rd
City or Town
State
ZIP Code
Tustin
Mi
49688
Telephone Number
Fax Number
jgpullen56@gmail.com
E-mall Address {do not enter unless you want MTT to send all correspondence via e-mail)
Representative’s Contact Information
Section 2: Petitioner’s Attorney/Authorized
)
231.645.8523
First Name
ML
Last Name
Jeffery
G
Pullen
Firm Name {if any}
Address {No., Street, P.O. Box or Rural Route}
22108 23 Mile Rd
City or Town
State
ZIP Code
Tustin
Mi
49688
Telephone Number
Fax Number
jopullen56@gmail.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 | [] ves*
[ff No
appealing?
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.
MARLON i. BROWN, DPAPage 3
STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON I. BROWN, DPA
GOVERNOR
LANSING
DIRECTOR
Section 4: Issues Being Appealed (heck ati that appiy)
[# True Cash and Taxable Value
J Poverty Exemption
[J Taxable Value Only (calculation)
{J Disabled Veterans Exemption
Od Uncapping of Taxable Value
[1 Eligible Manufacturing Personal Property (ESA)
{71 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
| am appealing the assessed value. It was increased from $68,000 to $94,000. The property is landlocked. There is no road access
and no legal access and the nearest utilities are 3/4 of a mile away.
It seems unreasonable for the SEV to increase by $26,000 in a
single year. The township offered no explanation for this increase.
| requested a copy of the market analysis that was completed to
make the market adjustment but none was provided.
Specifics about property:
+ The property is “landlocked”,
| have no legal access (see attached map).
» There is not a county road adjacent to the property. Nearest utilities 3/4 mile away.
+ Current access is by “permission” of adjacent landowners and by “stepping over at the corner of the property
| own to the
northeast.” Known as corner crossing.
As you are well aware, under Michigan Law
| have the following options to gain access:
+ Buy all or a portion of my neighbor's property. My neighbors have rejected this option.
+ Purchase an Easement. To date the neighbors have rejected the option.
+ Easement by Necessity — The need for such access must be extremely high. As the courts have explained, "mere convenience, or
even reasonable necessity, will not be sufficient.”
« Easement by Prescription — The problem here is that as the court has found “easement by prescription can never evolve from
permissive use.”
| currently have permissive use.
See Attached Letter sent to the Township Assessor,
Section 6: Jurisdictional Issues
Year(s) you are appealing:
2025,
| submitted form L-4035 to the Board of Review.
Did you protest the assessment at a Board of Review (BOR)? [Wl] Yes
[] No
If Yes, check which BOR you attended AND attach the BOR decision: 0 March
[W} July
[| December
if No, check the applicable reason(s):
[| Not required to attend
Assessment Change Notice was not received by Petitioner
[Ml] Appealing a purported Clerical Error or Mutual Mistake of Fact (if yes, include explanation in Section 5)
[mn] Appealing within 35 days of State Tax Commission OrderPage 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 multiple parcel form for additional, contiguous parcels.
Parcef Identification Number:
67 01 005 004 00
Classification of Property:
Real
Personal
(check one)
Oo
«
Agricultural
Commercial
Industrial
Residential
Timber-Cutover
Developmental
Utility
(check one)
Current Assessed Value (also known as State Equalized Value) as established by the BOR:
$94000
Current Taxable Value as established by the BOR:
$21374
What do you believe is the fair market value {also known as True Cash Value)?
$130000
Multiply the True Cash Vatue by .5 and enter here. This is your contention of Assessed Value.
$65000
If you believe the Taxable Value differs from your contention of Assessed Value, enter your contention of Taxable Value.
Section 8: Classification Information *Only the Mi Dep't of Treasury may appeal this issue to the Tribunal*
Parcel Identification Number:
67 01005 004 00
Current Classification of Property as established by Board of Review:
Real
Personal
(check one)
O
Agricultural
Commercial
Industrial
Residential
Timber-Cutover
Developmental
Utility
(check one)
What do you believe is the property’s classification?
Real
Personal
{check one)
=]
Agricultural
Commercial
Industrial
Residential
Timber-Cutover
Developmental
Utility
(check one)
improved property, how is the property currently being used?
Qualified Forest Property, Used as a mamaged Forest.
If improved property, for what use was the property designed?
Qualified Forest Property.Page 5
“lpr 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? O ves vi} No Are you appealing ONLY the denial of a Poverty Exemption or Disabled Veterans Exemption? O Yes [i] 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. pignatire a i: tati Si tut etitioner lorne, ogized' Representative’s Signature: ; 5 Awl Jeffery G. Pullen
Page 6
Cig) Sul ens To WOR Forestry & Wildlife Habitat Planning Jef Pullen 22108 23 Mile Rd. Tustin, Michigan 49688 (231)645-8523 Subject: Appeal of SEV for Parcel # 67 01 005 004 00 Date: 4.March.2025 To: Jason Patterson Burdell Township Assessor P.O. Box 187 Tustin, Michigan 40688 Dear Mr. Patterson, The purpose of this letter is to appeal the increase of the SEV for parcel # 67 01 005 004 00. The SEV was increased from $68,000.00 to $94,000.00. This is an increase of $26,000.00 or about 28%. Somethings you may not be aware of related to this property: e The property is “landlocked”, I have no legal access (see attached map). e There is not a county road adjacent to the property. e Current access is by “permission” of adjacent landowners and by “stepping over at the corner of the property I own to the northeast.” Known as corner crossing. Under Michigan Law I have the following options to gain access: « Buy all or a portion of my neighbor's property. My neighbors have rejected this option. ¢ Purchase an Easement. To date the neighbors have rejected the option. « Easement by Necessity — The need for such access must be extremely high. As the courts have explained, “mere convenience, or even reasonable necessity, will not be sufficient.” e Easement by Prescription — The problem here is that as the court has found “easement by prescription can never evolve from permissive use.” I currently have permissive use. I would like a copy the Market Analysis that you completed to make the “Market Adjustment” indicated on the Notice of Assessment, Taxable Valuation and Property Classification. If you have questions or need additional information, please let me know. I can be reached at 231.645.8523 or via email at jgpullen56@gmail.com Sincerely,
Page 7
ih ion Deptimanto Tras. THIS IS NOT A TAX BILL L-4400 Notice of Assessment, Taxable Valuation, and Property Classification was This fom is issued under the authonly of PLA. 206 of 1893, Sec. 211.24 (c) and Soc 211.34¢, 0s amended, This is a model assessment notice lo bo used by the local assessor, FROM: JASON PATTERSON PARCEL IDENTIFICATION BURDELL TWP ASSESSOR PARCEL NUMBER: 0 Hoo Tar Al R: 67 01 005 004 00 TUSTIN, M!, 49688 PROPERTY ADDRESS: TUSTIN, MI 49688 OWMER'S NAME 8 ADDRESS/PERSON NAMED ON ASSESSMENT ROLL: PRINCIPAL RESIDENCE EXEMPTION % Ex As “Hom Principat Re " 00% renrer ss AUTON HT DIGTT 49611 % Exempt As "Qualified Agricultural Property” 00% rE RY e & LEEANN TRUST % Exempt As “MBT Industrial Personal"; 00% TUSTIN, MI 49688-8100 % Exempt As "MBY Commercial Personal": 00% EE EUR UE TH I Exempt As "Qualified Forest Property Yes [J No Exempt As "Development Property”: Yes No LEGAL DESCRIPTION: SEG 5 T20N R10W GOVT LOTS 7 & 8 80A M/L ACCORDING TO MCL 211.34c THIS PROPERTY 1S CLASSIFIED AS: 40% PRIOR YEAR'S CLASSIFICATION: 402 Reside The change in taxable value will increase/decrease your lax bilt for the 2025 PRIOR AMOUNT CURRENT TENTATIVE CHANGE FROM year by approximately: $21 YEAR: 2024 AMOUNT YEAR: 0 oR ORaEhR Te 1. TAXABLE VALUE: 20,732 21,374 842 2. ASSESSED VALUE: 68,000 94,000 26,000 3. TENTATIVE EQUALIZATION FACTOR: 1.000 EE 4.. STATE EQUALIZED VALUE (SEV): 68,000 94.000 26,000 5. There WAS or WAS NOT a transfer of ownership on this properly in 2024 WAS NOT 6. Assessor Change Reason: Market Adjustment The 2025 inflation rate Multiplier is: 1.034 Questions regarding the Notice of Assessment, Taxable Valuation, and Property Classification may be directed to the Following: Name: Phone; Email Address: JASON PATTERSON (231) 878-6068 PATTERSONGARAGEDOOR@GMAIL.COM March Board of Review Appeal information. The board of review will meet at the following dates and times: THE BOARD OF REVIEW WILL MEET ON MONDAY MARCH 10, 2025, 9 AM TO 12 PM & 6 PM TO 9 PM AND ON THURSDAY MARCH 13, 2025, 9 AM TO 12 PM & 1 PM TO 4 PM, AT THE TUSTIN COMMUNITY BLDG, 310 S. NIELSON ST, TUSTIN Mi 49688. FOR THE PURPOSE OF REVIEWING THE ASSESSMENT ROLL AND HEARING APPEALS. PATTERSONGARAGEDOOR@GMAIL.COM, 231-878-6068. RESIDENTS AND NON-RESIDENTS MAY APPEAL BY MAIL OR EMAIL.
Page 8
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Mchigan Depanment of Treasury
618 (Rev, 11.12)
Petition to Board of Review
L-4035
This form Is Issued under the authority of P.A, 206 of 1893, as amended. Filing Is voluntary, however you may not appeal to the Michigan Tax Tribunal
or the State Tax Commission unless you first protest to the Board of Review.
TO BE COMPLETED BY OWNER OR OWNER'S AGENT
Owner's Nama {Please Print or Type)
Pelitioner's Name {if Other than Owner. Please Print or Type)
Jeffery G & Lee Ann Pullen
"Township or City
County
Burdell
Osceola
Tha undersigned protests the assessed value andlor the tentative taxable value andlor the property classification and/or the qualified
agricultural property exemption of the following described properiy:
Properly Identified (Parcel code required. Property address & legal description optional)
67 01 005 004 00
Section 5, T20N R10W Govt Lots 7 & 8, 80 Acres MiL
Protested Item
Assessed Value
[| Tentative Taxable Value
[| Classification
-
|_| Qualified Agricultural
Properly
E
ti
1. PROTEST OF ASSESSMENT
raperty
Exemption
(Complete this section for a protest of assessed value and/or tentative taxable valug)
Assessed Amount
Owner's Estimate of True Cash Value
Tentative Taxabls Value
Year
$94,000
$120,000
$21,374
2025
2. PROTEST OF CLASSIFICATION
(Complete this section for a request to change the classification. The Board of Review must make their decision regarding classification in
accordance with Section 211.34c¢ of the Michigan Compiled Laws. The Board of Reviaw shall not be influenced by (he effect that a particular
classification has on that properly's status as a homeowner's principal residence or qualified agricultural property.)
Classificallon of property an this year's assessment roll
Classification should be {check ane of the following):
[7] Agricultural
[1 industrial
[T] vimber Cutover
[[] utility (Personal Property Only)
[71 commercial
[7] Residential
7] Developmental
~
3. PROTEST OF EXEMPTION FOR QUALIFIED AGRICULTURAL PROPERTY
(Ifthe assessor has denied or changed the percentage of the exemption from the 18 mills of focal school operating tax for qualified agriculural
properly, the owner may appeal this action to the March Board of Review. THE BOARD OF REVIEW HAS NO AUTHORITY TO CONSIDER OR AGT
UPON THE EXEMPTION FROM THE 18 SCHOOL OPERATING MILLS FOR HOMEOWNER'S PRINCIPAL RESIDENCE PROPERTIES.)
Percent qualified agricultural exemplion granted by 85568507 {Enter 0 if SxempON
Percent qualified agricultural exemption raquasted by ower {Enter
100 1 fall
denled)
exemption requested)
4. REASON FOR PROTEST
State reason(s) far pratest of
d value andlor the tentati
value andfor classification and/or qualified agrcullural property exemption
The Property is Landlocked. No county road access. No legal access. Increasing the SEV from $68,000 to $94,000 is
not reasonable (+$26,000). See the information in attached letter. (Estimate in section 1 above is NOT SEV, but true
cash value, $120,000).
CERTIFICATIONPage 10
Form 818, Page 2 FOR BOARD OF REVIEW USE ONLY INSTRUCTIONS: Incorporate a copy of this form and the assigned number in the Board of Review minutes. Pent) RP Gl fod PaO ef Jos God/-OC 1. ASSESSED VALUE Hiden by Board of Review. The Board of Review must state the reasen enied [| Assessed Value Changed From J Record of vate - Bard of (hee mes pale Chairperson: [frre [Ino i Member: nitials Reason for board action Agsessed ak Car market vale If you disagree with the decision of the Board of Review regarding tentative assessed value, you may appeal that decision by filing a pation with the Michigan Tax Tribunal at P.O. Box 30232, Lansing, MI 48909. Commercial Real, Industrial Real, Developmental Real, Commercial Personal, Industrial Personal and Utility Personal Property may be appealed by May 31. Agricultural Real, Residential Real, Timber-Cutover Real and Agricultural Personal Property may be appealed by July 31. The petition must be filed on a Michigan Tax Tribunal form or a form approved by the Michigan Tax Tribunal. Michigan Tax Tribunal forms are available at www.michigan.govitaxiib. ~~ a ake) 2. TENTATIVE TAXABLE VALUE Disposition by Board of Review. The Board of Review must stale lhe reason for its action below. . Member: §] Yes [J No AEX Initial Initials [Denied [_] Tentative Taxable Value Changed From to Record of volz - Board or three member committee of board Chairperson: [| Yes [_] No Member: [| Yes [| No Member: []Yes [J No Tnitlals Tnitials it Reason for hosrd acticn If you disagree with the decision of the Board of Review regarding tentative taxable value, you may appeal that decision by filing a pelition with the Michigan Tax Tribunal at P.O. Box 30232, Lansing, Mi 48909. Commercial Real, Industrial Real, Developmental Real, Commercial Personal, Induslrial Personal and Ulility Personal Property may be appealed by May 31. Agricultural Real, Residential Real, Timber-Cutover Real and Agricultural Personal Property may be appealed by July 31. The petition ‘must be filed an a Michigan Tax Tribunal form or a form approved by the Wichigan Tax Tribunal. Michigan Tax Tribunal forms are available at www.michigan.govitaxtrib. 3. CLASSIFICATION Disposilion by Board of Review. The Board of Review must slale the reason for ils action below. \ [J penied [] Classification Changed From to Record of vols - Board or three member commiftee of board Chairperson: [| Yes [| No Reason for board action Initials. Member: J Yes 0 No Initials Member: 0 Yes 0 No Initials If you disagree with the decision of the Board of Review regarding classification, you may appeal by sending Form 2167 fo the State Tax Commission al P.O. Box 30471, Lansing, MI 48309 by June 30. 4. QUALIFIED AGRICULTURAL PROPERTY EXEMPTION Disposition by Board of Review. The Board of Review must slate the reason for its aclion below. [] Exemption Request Denied [1 Exemption percent modified from % to % Record of vote - Board or threz member commiltee of board Chairperson: [| Yes |_| No Reason for board action Initials Member: 0 Yes gd No Initials Member: 0 Yes 0 No Initials. If you disagree with the decision of the Board of Review regarding tentative taxable value, you may appeal thal decision by filing a petition vith the Michigan Tax Tribunal at P.O. Box 30232, Lansing, Mi 48909 by July 31. The petition must be filed on a Michigan Tax Tribunal form or a form
Page 11
Retail = I 48933 U.S. POSTAGE PAID FCM LG ENV TUSTIN, MI 49688 MAY 01, 2025 $2.31 $2324P502510-1