25-002737.pdf

Richard C Cawthray, Petitioner V Township Of Fenton, Respondent · 25-002737-TT

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RECEIVED 

% 

JUL 238 2025 

ED 

MICHIGAN TAX TRIBUNAL 

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS ~~ MARLON I BROWN, DPA 

GOVERNOR 

LANSING 

DIRECTOR 

PROPERTY TAX APPEAL ANSWER FORM 

SPECIAL ASSESSMENT 

MTT DOCKET NO. 25-002737 

Pursuant to Tax Tribunal Rule (TTR) 281, you MUST submit a copy of the notice giving rise to the appeal (i.e., resolution 

confirming the special assessment rol} with this answer. If you do not submit this document, you may be held in default, 

Section 1: Respondent’s Contact Information 

Unit of Government: 

Charter Township of Fenton 

Section 2: Respondent’s Attorney/Authorized Representative’s Contact Information 

First Name 

Mi 

Last Name 

F Jack 

Belzer 

Firm Name (if any) 

F Jack Belzer P C 

Mailing Address (No., Street, P.O. Box or Rural Route) 

3153 W Hill Road 

City or Town 

State 

2iP Code 

Flint 

MI 

48507 

Telephone Number 8 1 0-2343300 

Email Address {do not enter unless you want MTT to send all correspondence via email) 

LAWYERJACK@HOTMAIL.COM 

Section 3: Subject Property Information 

Are the parcels listed by Petitioner contiguous or adjoining? 

If no, list ail parcels that are adjoining in separate groupings. Attach a 

separate sheet if necessary. 

0 Yes 

[mi] No 

Not Applicable 

Parcet Identification Number(s): 

06-14-576-022 

Classification of Property: 

Real 

Personal J (check one) 

Agricultura!] 

Commercial] 

Industriat [1 

Residential 

Timber-Cutover [J 

Developmental [J 

Utitity 

[J (check one) 

Taxing Authority (City or Township) 

County 

Charter Township of Fenton 

Genesee

“rant 

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON I. BROWN, DPA 

GOVERNOR 

LANSING 

DIRECTOR 

Section 4: Explain Your Answer to this Appeal 

Untimely filing deprives the Tribunal of Jurisdiction. Township Board confirmed the rofl 

on April 15, 2025. Copy of 

resolution attached. Appeal was filed and received by the Tribunal on June 6, 2025. 

The Appeal was filed past the 30 day requirement of Tribunal rules. 

Not all parcels have residences on them. Parcels with residences were assessed full 

amount of assessment. ($10,414.00). Parcels without residence were assessed at half 

of that amount ($5207.00). 

Lot at issue was assessed at lower amount, 

The Petitioner is not the owner of record. See attached deed. Petitioner was the one who 

“protested” the assessment but is not the owner and was designed as agent or 

representative at the meeting or in the pleadings. 

Section 5: Jurisdictional Issues 

Did Petitioner protest the special assessment at the hearing held to confirm the special assessment roli? [0] Yes 

No 

What was the date of the hearing held to confirm the special assessment roll? 

April 15 2025 

How many years Is the special assessment being levied? 

What is the total amount of the special assessment being levied 

1 

{per parcel)? 

5 

10414/ 5207 

What is the basls for the special assessment? Identify the applicable statutory provision. 

Street improvement pursuant to Public Act 188 of 1954 MCL 41.723 

Signatur 

maquiea 

fT 

== 

Respondant 4r Attar 

wutitor, 

Reprisentativa’s Signature; 

Jay 

IN 

a 

FJack Belzer

CHARTER TOWNSHIP OF FENTON, GENESEE COUNTY, MICHIGAN 

MINUTES FOR REGULAR TOWNSHIP BOARD MEETING 

APRIL 15, 2025 

WHEREAS, such public hearing was preceded by proper notice in the Tri-County 

Times, a newspaper of general circulation in the Township, and by first class mail notice 

to each property owner of record within said district and upon said assessment roll, and 

WHEREAS, comments were received from those present at such public hearing 

concerning said special assessment roll and opportunity to all present to be heard in the 

matter, and 

WHEREAS, a record of those present to protest, and of written protests submitted, 

if any, at or before the public hearing was made a part of the minutes of the hearing, and 

WHEREAS, revised cost information indicated the reasonableness of the following 

revisions to said special assessment roll: 

The total assessment amount is revised to $515,493.00. The revised assessment 

per “share” is $10,414.00. 

and 

WHEREAS, 

the 

township 

board has 

duly inspected 

the proposed 

special 

assessment roll and considered all comments and proposed amendments thereto and has 

found the proposed special assessment roll, as revised, to be correct, just and reasonable; 

NOW, THEREFORE, BE IT RESOLVED as follows: 

1. 

The special assessment roll submitted by the supervisor and assessing officer of the 

township shall hereafter be designated as Fenton Township Special Assessment Roll 

No. 2025-03, and shall hereby be confirmed as the assessment roll for the Haddon 

Street Improvement Special Assessment District. 

2. 

The assessments in said Fenton Township Special Assessment Roll No. 2025-03 shall 

be divided into 

fifteen 

(15) equal annual installments 

of principal with 

the 

first 

installment to be due on or before December 1, 2025 and the following installments to 

be due on or before the 15 day of the same month of each and every year thereafter. 

All unpaid installments prior to their transfer to the tax roll as provided by Michigan 

Public Act 188 of 1954, as amended, shall bear interest payable annually on each 

installment due date at the annual rate equal to 1% above the average rate of interest 

borne by bonds to be sold by the Township in anticipation of the collection of the 

special assessments, commencing on June 1, 2025. 

3. 

Future due installments of an assessment against any parcel of land may be paid to 

the township treasurer at any time in full with interest accrued through the month in 

which the final installment is paid in accordance with Michigan Public Act 188 of 1954, 

as amended. 

If any installment of a special assessment is not paid when dus, then

CHARTER TOWNSHIP OF FENTON, GENESEE COUNTY, MICHIGAN 

MINUTES FOR REGULAR TOWNSHIP BOARD MEETING 

APRIL 15, 2025 

4. 

The assessments made 

in said special assessment roll are hereby ordered and 

directed to be collected by the township treasurer, and the township clerk shall deliver 

said special assessment roll to said treasurer with his warrant attached, commanding 

the treasurer to collect such assessments in accordance with the direction of the 

township board and said PA 188. 

5. 

All resolutions and parts of resolutions insofar as they conflict with the provisions of 

this resolution be and the same are hereby rescinded. 

Motion to adopt Resolution No. 2025-13 as presented 

Motion by: 

Tucker 

Seconded: 

Kesler 

Ayes: 

Lorraine, Tucker, Clark, Kesler, Reid 

Nays: 

None 

Absent; 

Krug, Goupit 

Motion carried. Resolution declared adopted. 

NEW BUSINESS: 

CDC-WWS Water System Agreement - Ripley Road Extension 

Supervisor Lorraine noted that the board conditionally approved three water main projects 

at the 2/18/25 board meeting, two of which fall under “Phase IV" of the municipal water 

system in Fenton Township. 

The Ripley Road Extension starts at the intersection of Ripley and Rolston Roads, (the 

end of Phase Ill), moves south along Ripley Road to Silver Lake Road, then east along 

Silver Lake Road. The'yyoject would allow connection for the 

B#dwood USA development, 

as well as other properti 

that the Redwood USA pr 

south through vacant land to coni¥ct to the 

Cifateaux du Lac subdivision. This project 

improvements special assessment district

my 

Q 

John 

3. Glearay 12014005 

Genesee County Register Eo 

WARRANTY DEED 

St., Fenton, MI 48430, convey(s) and warrant(s) to Lindsye Cawthray, a single womarf, 

whose a oe s is 3708 Foley Glen 

Circle, Fenton, MI 48430 and Ruth Cawthray, a married woman, whose address Is 

227 W. PI 

48433, Grantea(s), the following described premises: 

~~ 

< 

The Grantor(s), Benjamin Antonio, 

a married man and Susan Antonio, a married womar, Gnere 

sive 1 

7 Haddon 

i 

rson Rd., Flushing, MI 

AY ~_/ 

Land situated in the Township of Fenton, County of Genesee, State of M Hoan: escribed-as. follows: 

Parcel A 

ae 

1s} 

/ 

§ 

Lot 82, 

Park Subdivision of Orr's Point, Long Lake, according t er recorded plat in 

Liber 4 of Plats, Page 44, 

Genesee County Records. 

Na 

7 

~ 

Parcel B: 

~~ rd 

Lot 39, of Subdivision of Lot 138, bpate 

A 

oe Subdivision of Orr's Paint, Long Lake, dccording to the recorded plat in Liber 

13 of Plats, Page 16, Genesee County Records. 

N 

.Commonly known as: 13357 Haddon St., Fenton, Mi 48430 RN 

Parcel ID No(s).: 06-14-577-062 and 06-14-5760: 

STN 

N 

For the Full Conslderation of Five Hundred Ninety-Five T! 4. sang ANE 

(0/100 Dollar(s) ($595,000.00) subject to building 

and use restrictions and easements of record, if any. 

{ 

h 

gl {fw 

ind PA urtenances thereunto belonging or in anywise 

SEN 

SUBJECT to easements and restrictions of record, 20fing Taws and ordinances affecting the premises, and rights of the 

public and of any governmental entity in any part thergol = sed or deeded for street, road, right of way, or highway 

a 

purposes, and subject to taxes and future insta ents of s| 

sessments payable hereafter. 

Dated this 30th day of June, 2014, 

) 

Ade 

S 

Together with 

all and singular the tenements hpredia 

appertaining thereto. 

MICHIGAN REAL ESTATE TRANSFER TAX 

DEPT OF TAXATION - GENESEE COUNTY 

A Asan "Antonio 

10/22/2034 

StmpK 79001 

County S 854.50 

Repth 108369 

State 

54,462.50 

STATE OF MICHIGAN 

COUNTY OF GENESEE 

( TN 

The foregoing instrument R— ed before me this day by Benjamin Antonio, a married man and Susan Antonio, 

a married woman. 

Na 

Witness my hand von ri el the 30th day of June, 2014. 

{hereby corllfy, based upon tha records in my office, 

). 

that tharo aro no tax lions or Ness ket by the state, 0 

by any individu, 

again 

¢ 

“o 

“Notary Public 

that 

if 3105 Gus horaon hone oar os pote a1 

nese: coun County 

Wellecs 

a; 0 praceding the date of thls Instrument, my

Prepared by: 

“Benjamin Antonio and Susan Antonio 

13357 Haddon St. 

Fenton, Mi 48430 

201411190078793 Page 2 of 2 

Assisted By: 

Lighthouse Tile, Inc. 

8305 S, Saginaw Street, Suite 4 

Grand Blanc, MI 48439 

AN 

When recorded mail to: 

Lighthouse Title, Inc. 

8305 S. Saginaw Street, Suite 4 

Grand Blanc, MI 48439

F. JACK BELZER, P.C. 

ATTORNEYS AND COUNSELLORS AT LAW 

3163 W. HILL ROAD 

FLINT, MICHIGAN 48507 

F. JACK BELZER 

TELEPHONE 

lawyerjack@hotmail.com 

(810) 234-3300 

FAX 

(810) 234-3399 

July 18, 2025 

MICHIGAN TAX TRIBUNAL 

P.O. BOX 30232 

LANSING, MI 48909 

RE: 

CAWTHRAY, Richard C. vs. TOWNSHIP OF FENTON 

MTT DOCKET NO. 25-002737 

Dear Tribunal Court: 

Enclosed herewith, please find for filing, the following, together with the appropriate 

attachments, relative to the above-referenced matter: 

e 

Property Tax Appeal Answer Form — Special Assessment. 

We would request that the enclosed copy of same be returned as true, stamped or 

whatever acknowledgment of receipt you provide upon filing of documents and have 

provided a self-addressed stamped envelope for your convenience. 

Should you have any questions, please do not hesitate to contact our office at your 

convenience.

F. JACK BELZ ER, P.C. 

Attorney § Counsellor at Law 

3153 W. HILL ROAD 

FLINT, Ml 485057 

ad STO WH EF 

i 

MICHIGA

P.O. BOX

LANSING,

RECEIVED 

JUL 23 2025 

MICHIGAN TAX TRIBUNAL 

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON I. BROWN, DPA 

GOVERNOR 

LANSING 

DIRECTOR 

PROPERTY TAX APPEAL ANSWER FORM 

SPECIAL ASSESSMENT 

MTT DOCKET NO, 25-002737 

Pursuant to Tax Tribunal Rule (TTR) 281, you MUST submit a copy of the notice giving rise to the appeal (i.e., resolution 

confirming the special assessment roll) with this answer, If you do not submit this document, you may be held in default. 

Section 1: Respondent's Contact Information 

Unit of Government; 

Charter Township of Fenton 

Section 2: Respondent’s Attorney/Authorized Representative’s Contact Information 

I 

First Name 

ML 

Last Name 

F Jack 

Belzer 

Firm Name (if any) 

F Jack Belzer P C 

Mailing Address (No., Street, P.O, Box or Rural Route} 

3153 W Hill Road 

City or Town 

State 

ZIP Code 

Flint 

Mi 

48507 

Telephone Number 8 1 0-2 343300 

Emall Address (do not enter unless you want MTT to send all correspondence via emall) 

LAWYERJACK@HOTMAIL.COM 

Section 3: Subject Property Information 

Are the parcels listed by Petitioner contiguous or adjoining? 

If no, list all parcels that are adjoining in separate groupings. Attacha 

separate sheet if necessary. 

ves 

[No 

Not Applicable 

Parcel Identification Number(s): 

06-14-576-022 

Classification of Property: 

Real 

Personal [1 {check one) 

Agricultural [1 

Commercial 3 

Industrial 

[] 

Residential 

 Timber-Cutover [1 

Developmental 1 Utility 

[I (check one) 

Taxing Authority (City or Township) 

County 

Charter Township of Fenton 

Genesee

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON 

I. BROWN, DPA 

GOVERNOR 

LANSING 

DIRECTOR 

Section 4: Explain Your Answer to this Appeal 

Untimely filing deprives the Tribunal of Jurisdiction. Township Board confirmed the roll 

on April 15, 2025. Copy of 

resolution attached. Appeal was filed and received by the Tribunal on June 6, 2025. 

The Appeal was filed past the 30 day requirement of Tribunal rules. 

Not all parcels have residences on them. 

Parcels with residences were assessed full 

amount of assessment. ($10,414.00). Parcels without residence were assessed at half 

of that amount ($5207.00). 

Lot at issue was assessed at lower amount. 

The Petitioner is not the owner of record. See attached deed. Petitioner was the one who 

"protested" the assessment but is not the owner and was designed as agent or 

representative at the meeting or in the pleadings. 

Section 5: Jurisdictional Issues 

Did Petitioner protest the special assessment at the hearing held to confirm the special assessment roll? O Yes 

No 

What was the date of the hearing held to confirm the special assessment roll? 

April 

15 2025 

How many years is the special assessment being levied? 

What is the total amount of the special assessment being levied 

1 

(per parcel)? 

5 

10414 / 5207 

What is the basis for the special assessment? Identify the applicable statutory provision. 

Street improvement pursuant to Public Act 188 of 1954 MCL 41.723 

Signaturg mpaquired 

er 

utffori; 

f ST 

eR 

Ja ck Belzer

CHARTER TOWNSHIP OF FENTON, GENESEE COUNTY, MICHIGAN 

MINUTES FOR REGULAR TOWNSHIP BOARD MEETING 

APRIL 15, 2025 

WHEREAS, such public hearing was preceded by proper notice in the Tri-County 

Times, a newspaper of general circulation in the Township, and by first class mail notice 

to each property owner of record within said district and upon said assessment rofl, and 

WHEREAS, comments were received from those present at such public hearing 

concerning said special assessment roll and opportunity to all present to be heard in the 

matter, and 

WHEREAS, a record of those present to protest, and of written protests submitted, 

if any, at or before the public hearing was made a part of the minutes of the hearing, and 

WHEREAS, revised cost information indicated the reasonableness of the following 

revisions to said special assessment roll: 

The total assessment amount is revised to $515,493.00. The revised assessment 

per “share” is $10,414.00. 

and 

WHEREAS, 

the 

township 

board has 

duly inspected 

the proposed special 

assessment roll and considered all comments and proposed amendments thereto and has 

found the proposed special assessment roll, as revised, to be correct, just and reasonable; 

NOW, THEREFORE, BE IT RESOLVED as follows: 

1. 

The special assessment roll submitted by the supervisor and assessing officer of the 

township shall hereafter be designated as Fenton Township Special Assessment Roll 

No. 2025-03, and shall hereby be confirmed as the assessment roll for the Haddon 

Street Improvement Special Assessment District. 

2. 

The assessments in said Fenton Township Special Assessment Roll No. 2025-03 shall 

be divided into 

fifteen 

(15) equal annual installments of principal with 

the 

first 

installment to be due on or before December 1, 2025 and the following installments to 

be due on or before the 1° day of the same month of each and every year thereafter. 

All unpaid installments prior to their transfer to the tax roll as provided by Michigan 

Public Act 188 of 1954, as amended, shall bear interest payable annually on each 

installment due date at the annual rate equal to 1% above the average rate of interest 

borne by bonds to be sold by the Township in anticipation of the collection of the 

special assessments, commencing on June 1, 2025. 

3. 

Future due installments of an assessment against any parcel of land may be paid to 

the township treasurer at any time in full with interest accrued through the month in 

which the final installment is paid in accordance with Michigan Public Act 188 of 1954, 

as amended. 

If any installment of a special assessment is not paid when due, then

CHARTER TOWNSHIP OF FENTON, GENESEE COUNTY, MICHIGAN 

MINUTES FOR REGULAR TOWNSHIP BOARD MEETING 

APRIL 15, 2025 

4. 

The assessments made in said special assessment roll are hereby ordered and 

directed to be collected by the township treasurer, and the township clerk shall deliver 

said special assessment roll to said treasurer with his warrant attached, commanding 

the treasurer to collect such assessments in accordance with the direction of the 

township board and said PA 188. 

5. 

All resolutions and parts of resolutions insofar as they conflict with the provisions of 

this resolution be and the same are hereby rescinded. 

Motion to adopt Resolution No. 2025-13 as presented 

Motion by: 

Tucker 

Seconded: 

Kesler 

Ayes: 

Lorraine, Tucker, Clark, Kesler, Reid 

Nays: 

None 

Absent: 

Krug, Goupil 

Motion carried. Resolution declared adopted. 

NEW BUSINESS: 

CDC-WWS Water System Agreement - Ripley Road Extension 

Supervisor Lorraine noted that the board conditionally approved three water main projects 

at the 2/18/25 board meeting, two of which fall under “Phase IV" of the municipal water 

system in Fenton Township. 

The Ripley Road Extension starts at the intersection of Ripley and Rolston Roads, (the 

end of Phase ill), moves south along Ripley Road to Silver Lake Road, then east along 

Silver Lake Road. The'yroject would allow connection for the 

B#dwood USA development, 

as well as other propert®dg 

along the route. This project wg€ 

approved with the condition 

that the Redwood USA prdgct receive final site plan apgbval or pay the Township water 

connection fees in advance. 

The Silver Lake Road Extension 

¥arts at the end 

south through vacant land to conf¥get to the 

was approved with the condition tha 

be formally created for Chateaux du L: 

he Ripley Road Extension and moves 

ateaux du Lac subdivision. This project 

improvements special assessment district 

The Chateaux du Lac special assesspen\district has been created, so the Silver Lake 

Road Extension agreement is now 

ghprove® 

but cannot move forward without approval 

of the Ripley Road Extension aggfement. Redyood USA is progressing toward their site 

plan approval, but that 

is 

likgf 

still 

at least afew months away. Redwood has also 

committed to paying their copfiection fees upon cokgmencement of their project, however 

they, understandably, havgPno reason to pay those fgs 

in advance.

yy 

= 

John 7. 6) 

Genesee Co 

WARRANTY DEED 

The Grantor(s), Benjamin Antonio, a married man and Susan Antonio, a married wom Pa 

ress-is 

13357 Haddon 

St., Fenton, Mi 48430, convey(s) and warrant(s) fo Lindsye Cawthray, a single wom 

rose ao 

address pps oley Glen 

Circle, Fenton, MI 

48430 and Ruth Cawthray, a married woman, whose address i of: fhe " 

ai rson Rd., Flushing, Mi 

48433, Grantes(s), the following described premises: 

Land situated in the Township of Fenton, County of Genesee, State ops 

gan; TN 

follets: 

Parcel A: 

{nove 

Lot 82, 

Park Subdivision of Orr's Point, Long Lake, according 

ta 

i - 

._ plat 

i 

Genesee County Records. 

iber 4 of Plats, Page 44, 

ParcetB: 

fag AE 

NTT 

Lot 39, of Subdivision of Lot 138, pate oe Subdivision of Orr's Point, Long Lake; according to the recorded plat in Liber 

13 of Plats, Page 16, Genesee County Records. 

BS 

«Commonly known as: 13357 Haddon St., Fenton, Mi 48430 

Parcel iD No(s).: 06- 14-577-062 and 06-14- 

a 

8: 02 

For the Full Consideration of Five Hundred Ninety-Five 1 I 

ih a Dollar(s) ($595,000.00) subject to building 

and use restrictions and easements of record, if any. 

Together with 

all and singular the tenements 

hp NS te 

bo) enances thereunto belonging 

or 

in anywise 

appertaining thereto, 

SUBJECT to easements and restrictions of record, zohi 

Somos 

Ss ad 0 ordinances affecting the premises, and rights of the 

public and of any governmental entity in any park herp 

ergof Flaten 

pec or deeded for street, road, right of way, or highway 

al 

purposes, and subject to taxes and future = herp 

ts of spec 

sessments payable hereafter. 

Dated this 30th day of June, 2014. AS 

MICHIGAN REAL ESTATE TRANSFER TAX 

DEPT OF TAXATION - GENESEE COUNTY 

10/22/2614 

STATE OF MICHIGAN 

Stmp# 79001 

County S 854.50 

Rept# 

108369 

State 

$4,482.50 

COUNTY OF GENESEE 

The foregoing Instrument iz 

I¢dged before me this day by Benjamin Antonio, a married man and Susan Antonio, 

a married woman. 

Witness my hand 

dry —— 

al, this the 30th day of June, 2014, 

{ hereby certify, based upon the records In my 

office, 

that thers era no tax fins or ilies kels by he sale, or 

by ao individual, against the within pred Hon, and 

thet alf taxes dus thereon have been 

peld 

for the 5 

a; next preceding the date

Acting

201411190078793 Page 2 of 2 

Prepared by: 

Assisted By: 

Bénjamin Antonio and Susan Antonio 

Lighthouse Title, Inc. 

13357 Haddon St. 

8306 S. Saginaw Street, Suite 4 

Fenton, Mi 48430 

Grand Blanc, Mi 48439 

ON 

When recorded mail to: 

AN 

Lighthouse Title, Inc. 

[TT \ 

8305 S. Saginaw Street, Suite 4 

> 

Grand Blanc, Mi 48439 

aN

F. JACK BELZER, P.C. 

Attorney & Counsellor at Law 

3153 W. HILL ROAD 

FLINT, Mi 48507 

F. ACK BELZ ER 

37153 W. HILL ROAD 

FLINT, Ml 485057

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