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24-003600 POJ.pdf

Kap-Land LLC, Petitioner V Township Of Richland, Respondent · 24-003600-TT

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STATE OF MICHIGAN

 

GRETCHEN WHITMER 

GOVERNOR 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

LANSING

MARLON I. BROWN, DPA 

DIRECTOR 

 

 

 

MICHIGAN TAX TRIBUNAL · 611 W. OTTAWA ST., LANSING, MI 48933 · 517-335-9760 

PO BOX 30232, LANSING, MI 48909 · Other Carriers: 2407 N. GRAND RIVER AVE., LANSING, MI 48906 

 

Katharine Boudeman, 

MICHIGAN TAX TRIBUNAL 

 

Petitioner, 

SMALL CLAIMS DIVISION 

 

v 

 

MTT Docket No. 24-003600 

 

Richland Township, 

 

Case Type: Special Assessment 

Respondent. 

 

 

 

PROPOSED OPINION AND JUDGMENT 

 

PROPOSED ORDER CORRECTING DOCKET 

 

Personnel Presiding: 

 

 

Sean M. Mulchay, Administrative Law Judge 

Location of Hearing: 

 

 

Telephonic Hearing 

Hearing Held on: 

 

 

 

August 26, 2025 

Appearances on Behalf of Petitioner: 

Katharine Boudeman 

Appearances on Behalf of Respondent: Robert Thall 

 

PROPOSED JUDGMENT 

 

The special assessment at issue shall be as follows: 

 

Parcel Number: 03-02-176-013 

Type of Special Assessment

Total Amount to be Levied

Road Paving

$5,511.64

 

PROCEDURAL HISTORY 

 

Petitioner protested the special assessment at the hearing held to confirm the special 

assessment roll. The hearing was held on June 18, 2024. 

 

The special assessment roll was confirmed at the hearing. 

 

Petitioner filed a petition with the Tribunal on June 28, 2024, and Respondent filed an 

answer on December 2, 2024. 

 

ISSUES AND APPLICABLE LAW 

 

The issue in this matter is as follows:

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MTT Docket No. 24-003600 

Page 2 of 9 

 

1. Whether the benefit from the special assessment is proportional to the cost of the 

improvement. 

 

The Michigan Supreme Court has held: 

 

A special assessment is a levy upon property within a specified district. 

Although it resembles a tax, a special assessment is not a tax. In contrast 

to a tax, a special assessment is imposed to defray the costs of specific 

local improvements, rather than to raise revenue for general governmental 

purposes . . . . In other words, a special assessment can be seen as 

remunerative; it is a specific levy designed to recover the costs of 

improvements that confer local and peculiar benefits upon property within 

a defined area.1 

 

Special assessments “are permissible only when the improvements result in an 

increase in the value of the land specially assessed,”2 and to be valid “‘there must be 

some proportionality between the amount of the special assessment and the benefits 

derived therefrom.’”3 The Court of Appeals has held that “[t]he essential question is not 

whether there was any change in market value, but rather whether the market value of 

the assessed property was increased as a result of the improvement.”4 Further, 

Common sense dictates that in order to determine whether the market 

value of an assessed property has been increased as a result of an 

improvement, the relevant comparison is not between the market value of 

the assessed property after the improvement and the market value of the 

assessed property before the improvement, but rather it is between the 

market value of the assessed property with the improvement and the 

market value of the assessed property without the improvement.5 

 

It is well settled, however, that municipal decisions regarding special assessments are 

presumed valid and should generally be upheld.6 

 

When reviewing the validity of special assessments, it is not the task of 

courts to determine whether there is ‘a rigid dollar-for-dollar balance 

between the amount of the special assessment and the amount of the 

benefit . . . .’ Rather, a special assessment will be declared invalid only 

when the party challenging the assessment demonstrates that ‘there is a 

substantial or unreasonable disproportionality between the amount 

assessed and the value which accrues to the land as a result of the 

improvements.’7 

 

1Kadzban v Grandville, 442 Mich 495, 500; 502 NW2d 299 (1993) (citations omitted). 

2 Id. at 501. 

3 Id. at 501-502. 

4 Ahearn v Bloomfield Charter Twp, 235 Mich App 486, 496; 597 NW2d 858, 863 (1999). 

5 Id. 

6 Id. at 502 

7 Id.

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MTT Docket No. 24-003600 

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“[T]he question whether and how much the value of land has increased as the result of 

certain improvements is factual, to be determined on the basis of evidence presented by 

the parties. As such, it is to be resolved by the trier of fact . . . .”8 

 

SUMMARY OF EVIDENCE 

 

A. Petitioner’s Evidence 

 

Petitioner contends that the Special Assessment is invalid and should be reduced as 

follows: 

 

Type of Special Assessment

Petitioner’s Contention

Road Paving

$0

 

The exhibits offered by Petitioner may be viewed on lines 1 and 13 of the docket 

maintained in this case.9 

 

No evidence was excluded. 

 

Based on the pleadings, admitted exhibits, and sworn testimony, Petitioner contends 

that the parcel does not receive a “direct and unique benefit” from the project, the 

property will not be enhanced by the road improvement, and the project will not impact 

or increase the market value of the land. All of these items are requirements that must 

be met in order for a special assessment to withstand scrutiny. The parcel is a vacant, 

forty-five-acre parcel with no buildings, located adjacent to Sterling Avenue. The 

property was purchased in 2002 as farmland and has remained in its natural state ever 

since. The property will be placed into a conservation easement either during 

Petitioner’s lifetime or upon Petitioner’s death in their estate plan to prevent future 

development and to maintain a nature preserve in perpetuity. The decision by the 

township board members to include this parcel in the special assessment district was 

discretionary and not mandatory. In effect, this parcel does not legally have to be 

included in the special assessment district. The special assessment of $5,511.64 is 

equal to 213% of the 2024 real estate taxes for the subject property and is equal to 

7.04% of the 2024 state equalized value (SEV). Petitioner argues that this amount is a 

substantial, unreasonable and disproportionate amount given the overall special 

assessment and the value of the subject property. Access to this parcel is through M-

43 Highway, and the subject property does not rely on Sterling Avenue for daily access. 

 

At the hearing, Petitioner testified that she owns forty-five acres of vacant land, adjacent 

to the Tanglewood Hills neighborhood plat. The plat, which has approximately twenty-

nine parcels, also contains a private road named Sterling Avenue that leads to the M-43 

highway. The neighborhood wanted to repave Sterling Avenue and the neighborhood 

worked with the Township in order to ensure everyone was paying their fair share of the 

 

8 Id. at 502-503. 

9 The docket is located on the Tribunal’s website at Tax Docket Lookup Search Page and may be 

accessed by entering the docket number assigned to this case.

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MTT Docket No. 24-003600 

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cost. Respondent included the subject property in the special assessment district 

because the property is located at the end of the dead-end road. 

 

Petitioner’s primary residence is in the neighborhood, and she is not seeking to appeal 

the special assessment for that parcel. In contrast, the subject property is vacant and 

without buildings, located adjacent to the neighborhood. Petitioner purchased the 

subject property in 2002 because the property was near her home, and she wanted to 

keep it in its natural state. Petitioner is a conservationist and has continued to keep the 

subject property in its natural state since she acquired it. The parcel is not located in 

the neighborhood and is not associated with the private road. Primary access to the 

subject property is via M-43 and not Sterling Avenue. There is no access point to the 

subject property off of Sterling Avenue, and any type of vehicle attempting to access the 

subject property would be through M-43. 

 

Petitioner’s Exhibit E-4 compares the two properties owned by Petitioner and notes that 

the special assessment is more than double (213%) of the actual taxes for the subject 

property. For Petitioner’s other property impacted by the special assessment, the 

assessment amount was only 46% of the actual taxes for that property. As a result, 

Petitioner claims that this is an unfair financial burden given that Petitioner is not 

receiving a direct or unique benefit from the road paving. The paving of Sterling Avenue 

will not benefit the subject property; instead, Petitioner is being penalized as they do not 

use Sterling Avenue for any purpose. 

 

Although the neighborhood utilized the special assessment process, Petitioner believes 

that, as a landowner, the neighborhood would not have otherwise come to Petitioner to 

request financial participation in the repaving project. While the board was within their 

legal discretion to include the subject property in the special assessment district, this 

was not a mandatory decision, and Petitioner’s property could have been excluded 

given its location relative to Sterling Avenue and the neighborhood as a whole. Finally, 

no consideration was given to the fact that the subject property and Petitioner’s primary 

residence are contiguous, and Petitioner would only have had to pay the special 

assessment as if only one parcel was within the district. 

 

On rebuttal, Petitioner testified that Kap-Land LLC is the president and sole owner of 

the LLC. Petitioner testified that she is the only member of the Kap-Land LLC. 

Petitioner notes that her address is listed as Kap-Land LLC’s address. While there is a 

grass trail to access the property, Petitioner does not use vehicles on the subject 

property. Rather than speculating as to what Petitioner could do with the property, 

Petitioner cites her ownership of the property and the fact that it has remained in its 

natural state for more than 20 years. The other parcel within Tanglewood Hills with its 

address on M-43 highway does not have access to Sterling Avenue. 

 

B. Respondent’s Evidence 

 

Respondent contends that the Special Assessment is lawful and should be upheld as 

follows:

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MTT Docket No. 24-003600 

Page 5 of 9 

 

Type of Special Assessment

Total Special Assessment Levied

Road Paving

$5,511.64

 

The exhibits offered by Respondent may be viewed on lines 6 and 11 of the docket 

maintained in this case.10 

 

No evidence was excluded. 

 

Based on the pleadings, admitted exhibits, and sworn testimony, Respondent contends 

that the subject property has access off of Sterling Avenue. Respondent created a 

special assessment district pursuant to the provisions of Public Act 188 of 1954, as 

amended, for the purposes of funding the road improvements, as well as repairs 

and maintenance on Sterling Avenue. The subject property was included in the district 

due to the fact that it has frontage on Sterling Avenue, along with the other properties 

that have frontage on Sterling Avenue. Respondent followed the proper procedure to 

establish the special assessment and approved the special assessment roll on June 18, 

2024. Respondent acted within its lawful discretion setting the special assessment roll 

and assessment on the subject parcel. The special assessment amount is the relative 

portion of the whole sum to be levied against all parcels of land in the special 

assessment district, as the benefit to the parcel of land bears to the total benefit of all 

parcels in the special assessment district. The subject property receives a special 

benefit different from owners of the public in general because it has access and 

frontage off of Sterling Avenue. 

 

At the hearing, Respondent claimed that the special assessment was set up under 

Public Act 188 of 1954 for road improvements. Each parcel with frontage on Sterling 

Avenue was part of the special assessment district, including the subject property. The 

special assessment was limited to the costs of the project, with the costs spread equally 

among the parcels within the district. The special assessment amount of $5,511.64 was 

payable in full or could be paid over 15 years with 5% interest. 

 

Respondent’s representative pointed out that MCL 205.735a provides that an appeal 

can only be taken by a party-in-interest. The subject property is owned by Kap-Land 

LLC. The deed submitted by Respondent indicates that the subject property was 

transferred from Petitioner to Kap-Land LLC in 2009, and there is no evidence that 

Petitioner is a party-in-interest. Petitioner has not offered any documentation that 

Petitioner is obligated to pay the special assessment. 

 

In terms of the substance of Petitioner’s appeal, Respondent argued that, in order to be 

valid, there must be a reasonable proportionality between the amount of the special 

assessment and the value of the benefit.11 Citing Kazban v Grandville,12 Respondent 

claimed that special assessments are presumed valid and should be generally upheld. 

 

10 The docket is located on the Tribunal’s website at Tax Docket Lookup Search Page and may be 

accessed by entering the docket number assigned to this case. 

11 Dixon Road Group v City of Novi, 426 Mich 390; 395 NW2d 211 (1986) 

12 Kadzban v City of Grandville, 442 Mich 495; 502 NW2d 299 (1993).

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MTT Docket No. 24-003600 

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Respondent articulated that it is a well-settled principle that municipal decisions 

regarding special assessments are presumed to be valid, and that the decisions of 

municipal officers regarding special assessments generally should be upheld. When 

reviewing the validity of special assessments, it is not the task of courts to determine 

whether there is a rigid dollar-for-dollar balance between the amount of the special 

assessment and the amount of the benefit. Rather, a special assessment will be 

declared invalid only when the party challenging the assessment demonstrates that 

there is a substantial or unreasonable disproportionality between the amount assessed 

and the value which accrues to the land as a result of the improvements. Consideration 

must be made regarding the value of the land with the special assessment and without 

the special assessment. Here, Petitioner has not submitted any valuation evidence of 

the subject property with or without the improvements. Therefore, Petitioner has failed 

to meet their burden of proof. 

 

The special assessment district felt strongly that all parcels with frontage on Sterling 

Avenue should be included in the district. Each parcel would benefit equally, at least in 

proportion to the cost of the project. Equal assessment was spread on all parcels within 

the district, whether vacant or improved. The Township believed this to be the most 

equitable manner in spreading the cost of the project. The subject property has 

frontage on Sterling Avenue, a private road, and has equal access as all other parcels 

in the district. While there may be other ways to calculate the benefit, the Michigan 

Supreme Court does not require a dollar-for-dollar formula. This is the method that was 

chosen by the Township and Petitioner has not submitted any evidence to rebut the 

Township’s determination. 

 

In terms of Petitioner’s arguments, specifically Petitioner’s claim that the property is not 

part of the plat, Respondent points to the legal description within the quit claim deed 

from 2009 which includes the following description for the subject property: the West 20 

feet of Lot 33 of Tanglewood Hills. As such, Respondent asserts that the parcel is part 

of the plat pursuant to its own legal description. Second, the subject property does 

have direct access to Sterling Avenue. There is a two-tract road between the subject 

property and private road that can be used for access to the subject property. 

Photographs submitted in this case demonstrate that this path exists and allows access 

to the property from Sterling Avenue. Although Respondent could not speculate as to 

the degree, it was clear to Respondent that Sterling Avenue was used to access the 

subject property. Regardless of whether the property is in the plat, the subject property 

uses and benefits from Sterling Avenue access. Third, nothing currently prevents the 

property from being used for residential purposes. The Township’s zoning ordinance 

allows for a home to be built on the subject property, and the property is not currently in 

a conservation easement. Development of these forty-five acres is possible, and 

Petitioner’s future plans are merely speculative in nature. While the property may have 

an address on M-43, it still has access and frontage on Sterling Avenue. There is 

another property within the plat that is addressed on M-43 and that property was also 

included in the special assessment district. The district was not established based on 

address; rather it was based on frontage and ability to use Sterling Avenue.

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MTT Docket No. 24-003600 

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The calculation employed by Petitioner in comparing the percentage of special 

assessment to property taxes or SEV is not an appropriate measurement of benefit. 

The proper analysis is the increase in value to the property, with and without the project. 

Further, the SEV and tax liability analysis only takes into account the subject property, 

and other properties within the district may have different percentages, which may be 

less. 

 

In closing, Respondent’s representative argued that is not the subjective value to 

Petitioner, but the objective value of the property with the improvements, which is 

determinative in this case. 

 

FINDINGS OF FACT 

 

The following facts were proven by a preponderance of the evidence, based upon the 

pleadings, the exhibits and the testimony: 

 

1. The subject property is located at M-43 Highway in Kalamazoo County. 

2. The special assessment at issue in this appeal was imposed under PA 188 of 

1954, MCL 41.721 et seq. 

3. The special assessment is levied for 15 years. 

4. The total amount of the special assessment is $5,511.64. 

5. The improvements proposed by the special assessment consist of the repaving 

of Sterling Avenue. 

6. Neither party provided documentary evidence of value for the parcels at issue, 

such as an appraisal or land sales study. 

7. Similarly, neither Petitioner nor Respondent submitted valuation evidence 

demonstrating the subject’s value with and without the private road improvement. 

 

CONCLUSIONS OF LAW 

 

The following authority and reasoned opinion supports the Tribunal’s determination: 

 

As a preliminary matter, Respondent asserted at the hearing that the subject property is 

owned by Kap-Land LLC and not Petitioner. In support, Respondent submitted a 2009 

quit claim deed indicating Petitioner transferred the subject property to Kap-Land LLC. 

However, during the hearing Petitioner credibly testified that she paid the special 

assessment and that she owned Kap-Land LLC. While the Tribunal notes that the 

petition in this matter was filed in the name of Katharine Boudeman, but on behalf of 

Kap-Land LLC, the owner and party-in-interest of the property at issue.13 Kap-Land 

LLC is the proper petitioner in this matter, and the docket should be corrected to reflect 

the same. The noted error is appropriately corrected under the misnomer doctrine.14 

 

13 The Michigan Court of Appeals has held that “a ‘party in interest’ . . . includes persons or entities with a 

property interest in the property being assessed.” Spartan Stores, Inc v City of Grand Rapids, 307 Mich 

App 565, 567 (2014). 

14 See Vanco 1 LLC v Grand Rapids, unpublished opinion per curiam of the court of appeal, issued 

November 18, 2014 (Docket no. 317305).

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MTT Docket No. 24-003600 

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In terms of the merits of Petitioner’s appeal, the Tribunal finds that Petitioner has not 

met their burden of proof to show any error in the formation of the assessment district or 

any disproportionality between the amount levied and the benefit derived. Although 

Petitioner argued that the subject should not have been included in the special 

assessment district, Petitioner did not present any evidence or testimony that the 

formation of the special assessment district was improper, or any arguments sufficient 

to invalidate the special assessment district. Respondent provided a copy of Resolution 

24-06-15 establishing the Sterling Avenue improvement special assessment district. At 

the hearing held in this appeal, Petitioner did not offer any evidence or testimony that 

they were not advised of the district’s formation, that Petitioner was not properly notified 

of the special assessment district’s formation, or of Respondent’s intention to place the 

property into a special assessment district.15 

 

In terms of valuation, as pointed out by Respondent, Petitioner did not provide any 

valuation information showing that the amount of the assessment was disproportional to 

the benefit derived.16 During the hearing, Petitioner’s testimony focused on her belief 

that the subject property should not be included within the district, and the fact that the 

special assessment was disproportionate to the amount of taxes levied on the subject 

property. However, Petitioner has failed to provide sufficient information or detail that 

would allow the Tribunal to compare the value of the property with and without the 

improvement. Furthermore, the Tribunal finds that the improvement at issue in this 

case included the surfacing of a private road that abuts the subject property and, that 

the improvements offer some benefit to the property, even if neither party provided an 

exact amount of value increase. As such, the assessment is upheld because Petitioner 

has not demonstrated an error in the formation of the district or the benefit derived from 

the amount assessed. 

 

IT IS ORDERED that the docket shall be corrected to reflect Kap-Land LLC as 

Petitioner in this matter. 

 

JUDGMENT 

 

This is a proposed decision and not a final decision. As such, no action should be taken 

based on this decision. 

 

After the expiration of the time period for the opposing party to file a response to the 

exceptions, the Tribunal will review the case file, including the Proposed Opinion and 

Judgment (POJ) and all exceptions and responses, if any, and: 

 

a. Issue a Final Opinion and Judgment (FOJ) adopting the POJ as a Final 

Decision; 

b. Issue an FOJ modifying the POJ and adopting the Modified POJ as a Final 

Decision; or 

 

15 MCL 41.724(4). 

16 See Kadzban, supra.

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MTT Docket No. 24-003600 

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c. Issue an Order vacating the POJ and ordering a rehearing or such other 

action as is necessary and appropriate. 

 

EXCEPTIONS 

 

The parties have 20 days from the “Entered” date below to notify the Tribunal in writing, 

by mail or by electronic filing, if they do not agree with the POJ and to state in writing 

why they do not agree with the POJ (i.e., file exceptions to the POJ). Exceptions must 

be signed and are limited to the evidence submitted prior to or at the hearing and any 

matter addressed in the POJ. There is no fee for filing exceptions. 

 

Parties must provide the opposing party with a copy of their exceptions and file proof of 

service with the Tribunal (i.e., submit a written statement indicating that the opposing 

party has been provided or “served” with a copy of the exceptions). Service on the 

opposing party can be made by mail, or if agreed to by the parties, by electronic service 

(i.e., email). The proof of service must be signed. 

 

The opposing party has 14 days from the date the exceptions are served on that party 

to file a written response with the Tribunal. Responses to exceptions must be signed. 

Parties must provide the opposing party with a copy of their response to the exceptions 

and file a signed proof of service with the Tribunal. 

 

If the parties fail to sign their exceptions or responses, or if they fail to submit a signed 

proof of service for the exceptions and/or responses, the Tribunal may not consider the 

exceptions or responses in issuing the FOJ. 

 

 

 

 

 

 

 

 

 

By _________________________________ 

Entered: October 9, 2025 

 

PROOF OF SERVICE 

 

I certify that a copy of the foregoing was sent on the entry date indicated above to the 

parties or their attorneys or authorized representatives, if any, utilizing either the mailing 

or email addresses on file, as provided by those parties, attorneys, or authorized 

representatives. 

 

By: Tribunal Clerk

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