03._Property_Tax_Appeal_Petition_Form_Special_Assessment.78981a15-05f0-429b-b2c8-fd2d59f339a5.pdf
Aaron Shields, Petitioner V Township Of Chesterfield, Respondent · 24-003981-TT
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR PROPERTY TAX APPEAL PETITION FORM SPECIAL ASSESSMENT MOAHR DOCKET NO. Section 1: Petitioner’s Contact Information Filer Type: Individual First Name Aaron M.I. Last Name/Company Name Shields Mailing Address (No., Street, P.O. Box or Rural Route) 48884 Salt River Drive City or Town Chesterfield State Michigan ZIP Code 48047 Telephone Number 586-381-0752 Fax Number E-mail Address shieldsjaaron@gmail.com Section 2: Petitioner’s Attorney/Authorized Representative’s Contact Information First Name M.I. Last Name Firm Name (if any) Address (No., Street, P.O. Box or Rural Route) City or Town State Michigan ZIP Code Telephone Number Fax Number E-mail Address Pursuant to Michigan Tax Tribunal Rule (TTR) 277(3), you MUST submit a copy of the notice giving rise to the appeal (e.g. a copy of the resolution confirming the special assessment roll) with this Small Claims Petition, if applicable. If you do not submit this document, you may be held in default.
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR Section 3: Subject Property Information How many parcels are you appealing? 1 If you are appealing more than one parcel, are they contiguous or adjoining? *If no, you must file separate appeals for each non-contiguous or non-adjoining parcel. Property Address (No., Street, City, ST, ZIP) (If multiple, list first property’s address) 48884 Salt River Drive Chesterfield Michigan 48047 Parcel Identification Number(s): 15-09-27-279-002 Taxing Authority (City or Township) Township Of Chesterfield (MACOMB) County Section 4: Explain the Reason for this Appeal Re: Appeal of Special Assessment – 48884 Salt River Drive Dear Members of the Michigan Tax Tribunal, I am writing to formally appeal the special assessment imposed on my property located at 48884 Salt River Drive in Chesterfield Township. The total amount of this assessment is $10,495.08, payable upfront by 12/01/2024 or over 10 years with a 5% interest rate. I respectfully request that this assessment be reviewed and reconsidered, as I believe it fails to provide a sufficient "special benefit" to my property, which is required to justify such an assessment. 1. Lack of a Sufficient Special Benefit to My Property Our road was already paved prior to the repavement project, albeit with some potholes typical of Michigan roads. It was entirely passable and safe to drive on. Despite my wife’s and my objections, the repaving project proceeded due to a majority petition, though I fail to see how this improvement adds value to my property anywhere close to the $10,495.08 assessment fee. I formally protested the special assessment in person at the hearing held on September 24, 2024 to confirm the special assessment roll. Since the road was already paved and functional, the repavement has not provided any meaningful improvement that would increase the market value of my property. Any alleged benefit, if present, is minimal at best and does not justify such a high financial burden. 2. Misrepresentation of Road Status and Improper Signage Since I purchased the property in 2021, the Salt River Drive street signs have been green, which according to Chesterfield Township’s own website, denotes a public road maintained by Macomb County Department of Roads. Two of the roads that intersect with Salt River Drive do indeed have blue street signs indicating a private road, but the signs for Salt River Drive were green at each of these crossroads. In fact, the assessor at the time of purchase recorded the property as being on a public road. It was only during the discussions surrounding this project that I learned we live on a private road. I raised this concern with the Chesterfield Township Engineer who stated that only the portion of Salt River Drive from Jefferson Avenue to Lakeview Drive is a public road, and that the remainder of Salt River Drive from Lakeview Drive to Point Lakeview Drive did not meet the MCDR standards for a public road and was therefore considered private. Shortly thereafter, the Salt River Drive street signs were replaced with blue signs, indicating a private road. I later received a letter from a neighbor explaining that another resident on our street had personally paid for the sign replacement and would accept donations to cover the cost, which seems improper for an issue affecting the township. If the signage was incorrect, the responsibility for correcting it lies with the township, not a private resident. This indicates a lack of clarity from the township about road designations and confusion around road ownership, further complicating the justification of the special assessment. 3. Partial Repaving of the Road Limits Any Benefit The repaving project only covered the portion of the Salt River Drive, starting just before my neighbor’s house and continuing down the road for 37 properties. However, the section of Salt River Drive beginning at Jefferson Avenue—which all vehicles must use to enter and exit the area—remains public and was not repaved, leaving it in notably worse condition than the newly paved segment. As a result, anyone driving to my property will still have to traverse a public road that is uneven and with potholes, passing only one property’s length of repaved road before reaching my driveway. Given this, the limited scope of this project fails to provide any noticeable benefit to my property’s value. Prospective buyers would still have to drive over the deteriorating public portion of the road before reaching my driveway, which negates any supposed improvement from the private road project. The partial nature of this project only underscores the lack of meaningful enhancement to my property’s value. 4. Conclusion In light of the above, I respectfully request that the Tribunal reconsider the justification for the special assessment for my property. The project has not provided a sufficient special benefit to my property, either in terms of value or usability, to justify the significant financial burden imposed by the $10,495.08 assessment. Additionally, the confusion over the road’s ownership and the incomplete scope of the project further diminishes the rationale for the assessment. Thank you for your time and consideration. I look forward to a fair and just resolution to this matter. Please feel free to contact either me or my wife using the contact information below if further information is needed. Sincerely, _______________________________ ________________________________ Aaron Shields Nicole Shields shieldsjaaron@gmail.com nmadamic@gmail.com (586) 381 – 0752 (586) 556 – 5215
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR Section 5: Jurisdictional Issues Did you protest the special assessment at the hearing held to confirm the special assessment roll? Yes If Yes, what was the date of the hearing held to confirm the special assessment roll? 09/24/2024 If No, explain: Fee Information A fee of $100.00 is required for the filing of a Special Assessment Appeal. Electronic Signature *Typing your name below will serve as your signature Petitioner or Attorney/Authorized Representative’s Signature: /s/ Aaron Shields