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23-002837.pdf

Katey Bryan, Petitioner V Township Of White Lake, Respondent · 24-003558-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 

Katey Bryan, 

 

 

 

 

 

MICHIGAN TAX TRIBUNAL 

Petitioner, 

 

 

 

 

 

SMALL CLAIMS DIVISION 

 

MTT Docket No. 23-002837 & 

24-003558 

 

 

 

 

 

 

 

 

v 

 

 

 

 

 

 

 

Case Type: Valuation 

 

White Lake Township, 

 

 

 

 

Presiding Judge 

 

Respondent. 

 

 

 

 

Mark Perry 

 

FINAL OPINION AND JUDGMENT 

 

ORDER SEVERING 2024 TAX YEAR AND ASSIGNING IT 

DOCKET NUMBER 24-003558 

 

Location of Hearing: 

 

 

Telephonic 

Hearing Held on: 

 

 

 

May 7, 2024 

Appearances on Behalf of Petitioner: 

Jessica Dadas-Schulze 

Appearances on Behalf of Respondent: Dave Hieber and Heather Charlick 

 

SUMMARY OF JUDGMENT 

 

The subject property’s true cash value (TCV), state equalized value (SEV), and taxable 

value (TV), for the tax year at issue, shall be as follows: 

 

 

Parcel Number: Y-12-14-203-021 

Year 

TCV 

SEV 

TV 

2023 

$630,000 

$315,000 

$303,450 

 

The 2024 tax year shall be severed and assigned a new docket number. 

 

PROCEDURAL HISTORY 

 

Petitioner was required to protest the subject property’s assessment to the Board of 

Review (BOR). Petitioner protested the subject property’s assessment to the 2023 

March BOR. 

 

Petitioner filed a Petition with the Tribunal on July 27, 2023, and Respondent filed an 

Answer on August 24, 2023.

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MTT Docket No. 23-002837 & 24-003558 

Page 2 of 11 

 

The amount of the SEV or TV in dispute, as set forth in the pleadings, for all tax years at 

issue is within the jurisdictional limits of the Small Claims Division.1 Further, the 

property’s assessment for subsequent tax years is included in this proceeding.2 

 

ISSUES AND APPLICABLE LAW 

 

The issues in this matter are: 

 

1. Whether the subject property is assessed in excess of 50% of its TCV. 

 

“The petitioner has the burden of proof in establishing the true cash value of the 

property.”3 

 

The assessment of real property in Michigan shall not exceed 50% of its TCV.4 “True 

cash value” means “the usual selling price . . . .”5 “True cash value” means “fair market 

value.”6 

 

The Tribunal is required to make an independent determination of TCV.7 “[T]he tribunal 

is not bound to accept either of the parties’ theories of valuation. It may accept one 

theory and reject the other, it may reject both theories, or it may utilize a combination of 

both in arriving at its determination.”8 

 

The Tribunal is required to select the valuation methodology that is accurate and bears 

a reasonable relationship to the property’s TCV.9 

 

2. Whether the TV exceeds the amount provided by MCL 211.27a. 

 

MCL 211.27a provides that a property’s TV is the lesser of the property’s SEV or 

capped TV, and a property’s capped TV is, absent a transfer of ownership, determined 

mathematically by taking into consideration the prior tax year’s TV, statutory losses, the 

lesser of the rate of inflation or 5%, and statutory additions, including omitted property 

(i.e., property not previously assessed).10 

 

SUMMARY OF EVIDENCE 

 

A. Petitioner’s Evidence 

 

 

1 See MCL 205.762(1). 

2 See MCL 205.737(5)(b). 

3 MCL 205.737(3); see also Kern v Pontiac Twp, 93 Mich App 612, 620; 287 NW2d 603 (1979). 

4 Michigan Const 1963, art IX, sec 3. 

5 MCL 211.27(1). 

6 CAF Investment Co v State Tax Comm, 392 Mich 442, 450; 221 NW2d 588 (1974). 

7 See Jones & Laughlin Steel Corp v City of Warren, 193 Mich App 348; 483 NW2d 416 (1992). 

8 Id. at 356. 

9 See Safran Printing Co v Detroit, 88 Mich App 376; 276 NW2d 602 (1979). 

10 See MCL 211.34d.

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MTT Docket No. 23-002837 & 24-003558 

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Petitioner’s contentions of TCV, SEV, and TV: 

 

Parcel Number: Y-12-14-203-021 

Year 

TCV 

SEV 

TV 

2023 

$580,000 

$290,000 

$290,000 

 

Petitioner offered the following exhibits: 

 

1. Evidence, filed on July 27, 2023 

a. 2023 Notice of March BOR Action 

 

No exhibits were excluded from evidence. 

 

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

that “Petitioner appeared at the March BOR hearing and was granted a reduction in 

Assessed Value but no reduction in Taxable Value. Further, Petitioner believes that 

other comparable properties, including those recently sold and uncapped, have lower 

Taxable Values than Petitioner.” 

 

The Tribunal inquired at the commencement of the hearing whether Petitioner preferred 

to include or sever the 2024 tax year valuation, Petitioner expressed her desire to 

server the 2024 tax year valuation dispute. 

 

Petitioner’s representative provided testimony on the average sale price to assessment 

ratio for properties in the immediate Pontiac Lake neighborhood, selling between tax 

years 2020 and 2021, ranged between 49.7% and 86.7%, and since 2019 values had 

increased on an average of 4% per year. 

 

Petitioner’s representative testified that she identified, examined, and stratified the 

homes’ sales prices ranging from $500,000 to $900,000 confirming that the homes’ sale 

prices located on Lake Pontiac generally sold at a higher price point than homes without 

lake frontage. 2031 Drury Lane sold for $610,000 in March 2022, SEV $237,000 or 

77.7% compared to the subject property’s SEV. 2290 Kingston sold for $720,000 in 

August 2021, the SEV was 54% of the subject property’s SEV. 8780 Arlington sold for 

$840,000 in June 2022, the SEV was 80.5% of the subject property’s SEV. 2734 

Wabum Road sold for $599,900 and required approximately $15,000 in repairs. Based 

on these comparable sales in the Pontiac Lake neighborhood, Petitioner’s 

representative opined the TCV of the subject property is $606,000. The Tribunal 

inquired whether Petitioner submitted written copies of the comparable sales evidence 

her testimony relied upon to the Tribunal and Respondent. This information was not 

posted on the Tribunal’s case docket lookup system. Petitioner’s representative 

responded she submitted the documentary evidence and proof of service prior to the 

adjournment order issued by the Tribunal on January 31, 2024. The Tribunal also 

inquired that since Petitioner’s representative’s testimony was primarily based on 

comparing assessments as a percent of sale price, was Petitioner’s case one of

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MTT Docket No. 23-002837 & 24-003558 

Page 4 of 11 

 

uniformity of assessments in comparison to other residential properties in the immediate 

Pontiac Lake neighborhood, Petitioner’s representative responded in the affirmative. 

 

B. Respondent’s Evidence 

 

The property’s TCV, SEV and TV, as confirmed by the BOR, for the tax year at issue: 

 

Parcel Number: Y-12-14-203-021 

Year 

TCV 

SEV 

TV 

2023 

$650,000 

$325,000 

$303,450 

 

Respondent’s revised contentions of TCV, SEV and TV: 

 

 

Parcel Number: Y-12-14-203-021 

Year 

TCV 

SEV 

TV 

2023 

$630,000 

$315,000 

$303,450 

 

Respondent offered the following exhibits: 

 

1. Evidence, filed on January 12, 2024 

a. 2023 Valuation Report (VR) 

2. Evidence, filed on March 20, 2024 

a. Property Valuation Report 

 

No exhibits were excluded from evidence. 

 

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

that, “Petitioner came to March Board of Review to appeal her assessed value. 

Petitioner was granted the reduction by the Board of Review and correction was made. 

Petitioner[‘]s taxable value falls below the assessed value, resulting in no change to 

taxable value.” 

 

Respondent’s representative testified that that Respondent did not receive any of 

Petitioner’s documentary valuation evidence and did not find it posted on the Tribunal’s 

case docket lookup system. 

 

Respondent’s representative requested the Tribunal confirm Petitioner’s representative 

contends their requested TCV is $606,000, Petitioner’s representative confirmed the 

requested TCV is $606,000. Petitioner’s representative also confirmed the AV and TV 

contention for the tax year at issue is $303,000. Respondent’s representative testified 

that the TV difference under contention is $450.

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MTT Docket No. 23-002837 & 24-003558 

Page 5 of 11 

 

On rebuttal, Respondent’s representative provided testimony he was not previously 

aware of Petitioner’s contention that there was an equalization uniformity of assessment 

dispute and was not prepared to defend such a claim. Respondent’s representative did 

testify that a uniformity appeal requires the opposing party prove Respondent’s entire 

residential classification is not uniformly assessed among all properties making up the 

entire residential class, not just a few individual properties within the classification. 

 

Respondent’s representative provided documentary valuation evidence and testified to 

Respondent’s valuation disclosure (VD), which included three improved comparable 

sales and one vacate land sale for reference purposes. The 3 improved sales are all 

located on Pontiac Lake with lake frontage. After adjusting the improved sales for 

dissimilarities compared to the subject property, the appraiser, Heather Charlick, 

reconciled the estimated TCV as of tax day 2023, at $630,000. The calculated AV/SEV 

is $315,000, and TV remains unchanged at $303,450. 

 

Based on the valuation evidence, Respondent’s representative recommends the 

Tribunal reduce the 2023 March BOR confirmed TCV from $650,000 to $630,000, AV to 

$315,000, and TV remains unchanged at $303,450. 

 

FINDINGS OF FACT 

 

The following facts were proven by a preponderance of the evidence: 

 

1. The subject property is located at 9536 Thames Blvd in Oakland County. 

2. The subject property is classified as residential. 

3. The subject property land area is 0.397 acres with lake frontage of 170 feet and a 

2,089 sq.ft. home. 

4. Petitioner did not submit a written VD used to establish the subject property’s 

TCV. 

5. Petitioner did not submit a properly prepared residential sales or appraisal ratio 

study as proof there was no uniformity of assessing in White Lake Township 

residential classification as claimed. 

6. Respondent submitted the property record card and detailed VR in support of its 

mass appraisal cost, less depreciation approach TCV estimate of $688,880 and 

$650,000 as reduced by the 2023 March BOR. 

7. Respondent did not submit its 2023 land value sales study for Table 11L Pontiac 

Lake in support of its $2,700/front foot land value or $283,677. 

8. Respondent did not submit its 2023 economic condition factor (ECF) study for 

11L Pontiac Lake in support of an ECF factor of 1.250 applied to the adjusted 

improved building TCV of $381,639. 

9. Respondent submitted a VD including a sales comparison analysis with 3 

comparable sales. 

a. Comparable #1, 2665 Tackels Dr., sold for $531,000 on November 5 

2021. Adjustments were made for less lake footage, number of 

bathrooms, and garage size for an adjusted sale price of $596,500, with 

net and gross adjustments being 12.3%.

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b. Comparable #2, 8852 Tackels Dr., sold for $575,000 on May 31, 2023. 

Adjustments were made for less lake footage, number of bathrooms, and 

larger living square footage for an adjusted sale price of $633,100, with 

net and gross adjustments being 10.1% and 10.7%, respectively. 

c. Comparable #3, 2031 Drury Ln., sold for $610,000 on February 25, 2022. 

Adjustments were made for less lake footage, number of bathrooms, 

basement and basement finish, and smaller living square footage for an 

adjusted sale price of $655,200, with net and gross adjustments being 

7.4% and 14.5%, respectively. Petitioner’s representative testified citing 

this comparable sale as similar to the subject property. 

 

CONCLUSIONS OF LAW 

 

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

 

A proceeding before the Tax Tribunal is original, independent, and de novo.11 The 

Tribunal's factual findings are to be supported by competent, material, and substantial 

evidence.12 

 

Further, “[i]t is the duty of the [T]ax [T]ribunal to select the approach which provides the 

most accurate valuation under the circumstances of the individual case.”13 In doing so, 

the Tribunal shall consider the three most common approaches to valuation - the 

capitalization of income approach, the sales comparison or market approach, and the 

cost-less-depreciation approach.14 

 

The petitioner has “the burden of proof in establishing the TCV of the property” under 

MCL 205.737(3).15 The Michigan Court of Appeals stated in Alhi Dev Co v Orion Twp16 

that the petitioner must prove, by the greater weight of evidence, that one or more of the 

assessments in question were too high based upon the Tax Tribunal’s findings as to the 

true cash value.” The petitioner’s burden “encompasses two separate concepts”: (1) 

the burden of persuasion; and (2) the burden of going forward with the evidence.17 

 

Generally, in a valuation case, to meet the burden of going forward with the evidence, 

the petitioner must present evidence for the Tribunal to consider in making its 

independent determination of value.18 Here, Petitioner contends that the subject 

property is assessed at greater than 50% of its TCV and provides oral testimony citing 

several comparable sales in support of their contentions. 

 

11 MCL 205.735a(2). 

12 See Antisdale v City of Galesburg, 420 Mich 265, 277; 362 NW2d 632 (1984); Dow Chemical Co v 

Dep’t of Treasury, 185 Mich App 458, 462-463; 462 NW2d 765 (1990). 

13 Antisdale at 277; citing Pantlind Hotel Co v State Tax Comm, 3 Mich App 170; 141 NW2d 699 (1966). 

14 See Meadowlanes Ltd Dividend Housing Ass’n v City of Holland, 437 Mich 473, 484-485; 473 NW2d 

636 (1991); Pantlind Hotel Co, 3 Mich App 170. 

15 See also Kern v Pontiac Twp, 93 Mich App 612, 620; 287 NW2d 603 (1979). 

16 Alhi Dev Co v Orion Twp, 110 Mich App 764, 768; 314 NW2d 479 (1981). 

17 Jones & Laughlin Steel Corp v City of Warren, 193 Mich App 348, 355; 483 NW2d 416 (1992). 

18 See Jones & Laughlin.

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MTT Docket No. 23-002837 & 24-003558 

Page 7 of 11 

 

 

Neither party raised any issue with respect to the highest and best use of the property 

by way of the testimony and evidence provided, and the Tribunal finds that there is no 

dispute that its highest and best use is continued use as residential. 

 

Prior to addressing the substantive valuation issues of this appeal, the Tribunal notes, 

without objection by Respondent’s representative, Petitioner’s representative expressed 

a desire to sever the 2024 tax year.19 Furthermore, neither party provided any relevant 

evidence of value for the 2024 tax year. “The Tribunal may not automatically accept a 

respondent's assessment, but must make its own findings of fact and arrive at a legally 

supportable true cash value.”20 As such, the Tribunal shall sever the 2024 tax year, 

assign it a new docket number, and parties will be ordered to file pleadings specific to 

the 2024 tax year. 

 

Cost Approach 

 

The cost approach “is particularly useful in valuing new or nearly new improvements 

and properties that are not frequently exchanged in the market.”21 Further, it is more 

useful when “a lack of market activity limits the usefulness of the sales comparison 

approach” and it is “especially persuasive when land value is well supported and the 

improvements are new or suffer only minor depreciation . . . .”22 Respondent calculated 

the subject property’s assessment using the mass appraisal, cost-less-depreciation 

approach to value, which includes market adjustments through the use of a county 

multiplier and an ECF. Although this approach is most applicable to newly constructed 

properties, such as the subject, it also requires that the land value be well supported 

and Respondent did not provide the land sales study and ECF analysis used in its 

valuation of the subject property in this case.23 Absent the land and ECF sales studies, 

the Tribunal finds Respondent’s mass appraisal cost, less depreciation approach is not 

persuasive and assigned little weight. 

 

Income Approach 

 

“In the income capitalization approach, the present value of the anticipated future 

benefits of property ownership is measured. . . . In direct capitalization, the relationship 

between one year’s income and value is reflected in either a capitalization rate or an 

income multiplier.”24 In this case, neither party provided an income approach, and the 

Tribunal finds that approach is not applicable for an owner-occupied property. 

Sales Comparison Approach 

 

 

19 See MCL 205.737(5)(b). 

20 Jones & Laughlin Steel Corp v City of Warren, 193 Mich App 348, 355; 483 NW2d 416 (1992) (Citing 

Pinelake Housing Cooperative v Ann Arbor, 159 Mich App 208, 220; 406 NW2d 832 (1987)); 

Consolidated Aluminum Corp v Richmond Twp, 88 Mich App 229, 232-233; 276 NW2d 566 (1979)). 

21 Appraisal Institute: The Appraisal of Real Estate (Chicago, Appraisal Institute, 15th ed, 2020), p. 36. 

22 The Appraisal of Real Estate at 530. 

23 Id. 

24 Id.

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MTT Docket No. 23-002837 & 24-003558 

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“The sales comparison approach is most useful when a number of similar properties 

have recently been sold or are currently for sale in the subject property’s market.”25 

Here, only Respondent submitted a sales comparison approach contained in its VD. 

Petitioner provided six comparable sales through oral testimony. The sales were all 

located nearby the subject on Pontiac Lake, and all sold within sixteen months of the 

relevant date of valuation, December 31, 2022. Petitioner’s representative’s testimony 

lacked any confirmation the cited comparable sales were adjusted for dissimilarities to 

the subject property. Petitioner’s representative testified based on the cited comparable 

sales, it was her opinion the subject property’s TCV was $606,000. Petitioner’s 

representative failed to demonstrate adjustments were made to their comparable sales 

for differences between the properties and “the comparative techniques of analysis 

applied in the sales comparison approach are fundamental to the valuation process.”26 

Petitioner’s representative’s information on record is not sufficient to establish that the 

properties are sufficiently similar to the subject to properly be considered comparable, 

or what, if any, adjustments would be required to make the sales prices indicative of the 

subject’s TCV. 

 

Respondent’s appraiser provided three comparable sales, one each closing in 2021, 

2022, and 2023, with no adjustment made for date of sale. It is noted that 

Respondent’s appraiser adjusted the comparables for dissimilarities to the subject 

property for land area and lake frontage, differences in number of baths, size of garage, 

basement area and finish, and gross square footage of living area. No explanation was 

provided for not adjusting for year built, condition of structures, and quality of 

construction. Respondent’s representative testified that they believed their comparable 

#2 is most similar to the subject property with net and gross adjustments of 10.1% and 

10.7%, respectively. It is of similar square footage, 2,226 sq.ft., and year built in 2004 in 

comparison with the subject’s 2,089 sq.ft. built in 2007. It is also noted that 

Respondent’s comparable #3 and Petitioner’s comparable #1 are the same property, 

2031 Dury Lane, however, Respondent’s appraiser arrived at different adjusted sale 

price of $655,200, and Petitioner did not adjust the sale price and principally relied on 

the unadjusted transaction sale price of $610,000. 

 

Reconciliation of Value 

 

Overall, the Tribunal finds that Respondent’s comparable sale #2 is the best evidence of 

value on the record. Some weight is also given to Respondent’s comparable sales #1 

and #3. Giving appropriate weight to each comparable sale and consideration to the 

included sales in light of the foregoing discussion, noted deficiencies, and other market-

based evidence on record, the Tribunal finds that the evidence on the record indicates 

that the subject property has a TCV of $630,000 as of tax day. SEV is set at 50% of 

 

25 The Appraisal of Real Estate at 36. 

26 Appraisal Institute, The Appraisal of Real Estate (Chicago: Appraisal Institute, 15th ed. 2020) p. 351 

(emphasis added). “Comparative analysis . . . focuses on similarities and differences that affect value, 

called elements of comparison, which may include variations in property rights, financing terms, 

conditions of sale, market conditions, locational influences, and physical characteristics, among others.”

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TCV. The revised SEV is greater than the capped TV, and as a result, the 2023 BOR 

TV is confirmed. 

 

JUDGMENT 

 

IT IS ORDERED that the 2024 tax year shall be SEVERED and assigned Docket No. 

24-003558. 

 

IT IS FURTHER ORDERED that Petitioner shall file a petition pertaining to the 2024 tax 

year within 21 days of the entry of this Order.27 The petition shall note the docket 

number assigned by the Tribunal for the 2024 tax year and if filed utilizing the Tribunal’s 

e-filing system, must be filed on the assigned 2024 docket number as a “Severed 

Petition.” 

 

IT IS FURTHER ORDERED that the Tribunal shall issue a Notice of Docket after receipt 

of Petitioner’s petition. 

 

IT IS FURTHER ORDERED that the officer charged with maintaining the assessment 

rolls for the tax year(s) at issue shall correct or cause the assessment rolls to be 

corrected to reflect the property’s TCV and TV within 20 days of entry of this Final 

Opinion and Judgment, subject to the processes of equalization.28 To the extent that 

the final level of assessment for a given year has not yet been determined and 

published, the assessment rolls shall be corrected once the final level is published or 

becomes known. 

 

IT IS FURTHER ORDERED that the officer charged with collecting or refunding the 

affected taxes shall collect taxes and any applicable interest or issue a refund within 28 

days of entry of this Final Opinion and Judgment. If a refund is warranted, it shall 

include a proportionate share of any property tax administration fees paid and penalty 

and interest paid on delinquent taxes. The refund shall also separately indicate the 

amount of the taxes, fees, penalties, and interest being refunded. A sum determined by 

the Tribunal to have been unlawfully paid shall bear interest from the date of payment to 

the date of judgment, and the judgment shall bear interest to the date of its payment. A 

sum determined by the Tribunal to have been underpaid shall not bear interest for any 

time period prior to 28 days after the issuance of this Final Opinion and 

Judgment. Pursuant to MCL 205.737, interest shall accrue (i) after December 31, 2013, 

through June 30, 2016, at the rate of 4.25%, (ii) after June 30, 2016, through December 

31, 2016, at the rate of 4.40%, (iii) after December 31, 2016, through June 30, 2017, at 

the rate of 4.50%, (iv) after June 30, 2017, through December 31, 2017, at the rate of 

4.70%, (v) after December 31, 2017, through June 30, 2018, at the rate of 5.15%, (vi) 

after June 30, 2018, through December 31, 2018, at the rate of 5.41%, (vii) after 

 

27 Alternatively, the petition may be downloaded from the Tribunal’s website and mailed to the Tribunal via 

United States Postal Service at: Michigan Tax Tribunal, PO BOX 30232, Lansing, MI 48909. The petition 

may also be delivered to the Tribunal via overnight carrier (UPS, FedEx, or DHL) at: Michigan Tax 

Tribunal, 2nd Floor MTT, 2407 N. Grand River Avenue, Lansing, MI 48933. 

28 See MCL 205.755.

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December 31, 2018 through June 30, 2019, at the rate of 5.9%, (viii) after June 30, 

2019 through December 31, 2019, at the rate of 6.39%, (ix) after December 31, 2019, 

through June 30, 2020, at the rate of 6.40%, (x) after June 30 2020, through December 

31, 2020, at the rate of 5.63%, (xi) after December 31, 2020, through June 30, 2022, at 

the rate of 4.25%, (xii) after June 30, 2022, through December 31, 2022, at the rate of 

4.27%, (xiii) after December 31, 2022, through June 30, 2023, at the rate of 5.65%, (xiv) 

after June 30, 2023, through December 31, 2023, at the rate of 8.25%, and (xv) after 

December 31, 2023, through June 30, 2024, at the rate of 9.30%. 

 

This Final Opinion and Judgment resolves all pending claims in this matter and closes 

this case. 

APPEAL RIGHTS 

If you disagree with the final decision in this case, you may file a motion for 

reconsideration with the Tribunal or a claim of appeal with the Michigan Court of 

Appeals. 

 

A motion for reconsideration must be filed with the Tribunal with the required filing fee 

within 21 days from the date of entry of the final decision. Because the final decision 

closes the case, the motion cannot be filed through the Tribunal’s web-based e-filing 

system; it must be filed by mail or personal service. The fee for the filing of such 

motions is $50.00 in the Entire Tribunal and $25.00 in the Small Claims Division, unless 

the Small Claims decision relates to the valuation of property and the property had a 

principal residence exemption of at least 50% at the time the petition was filed or the 

decision relates to the grant or denial of a poverty or disabled veterans exemption and, 

if so, there is no filing fee. You are required to serve a copy of the motion on the 

opposing party by mail or personal service or by email if the opposing party agrees to 

electronic service, and proof demonstrating that service must be submitted with the 

motion. Responses to motions for reconsideration are prohibited and there are no oral 

arguments unless otherwise ordered by the Tribunal. 

 

Alternatively, you may file a claim of appeal with the Michigan Court of Appeals. If the 

claim is filed within 21 days of the entry of the final decision, it is an “appeal of right.” If 

the claim is filed more than 21 days after the entry of the final decision, it is an “appeal 

by leave.” A copy of the claim of appeal must be filed with the Tribunal to certify the 

record on appeal. There is no certification fee. 

 

 

 

 

 

 

 

By _______________________________________ 

 

Date Entered by Tribunal:

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MTT Docket No. 23-002837 & 24-003558 

Page 11 of 11 

 

 

 

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 provide by those parties, attorneys, or authorized 

representatives. 

 

By: Tribunal Clerk

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