24-003379.pdf

Sharon M Wietecha, Petitioner V Township Of Hamburg, Respondent · 24-003379-TT

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RECEIVED 

OCT 102024 

HALLAHAN & ASSOCIATES, P.C. 

Attorneys at Law 

MICHIGAN TAX TRIBUNAL 

Laura M. Hallahan 

1750 5. Telegraph Road, Suite 202 

soloughlin@hallahanlaw.com 

Seth A. O'Loughlin 

Bloomfield Hills, Michigan 48302 

direct: (248) 731-3090 

Kelsea M. Melcher 

phone (248) 731-3089 0 fax (248) 731-3086 

October 7, 2024 

Michigan Tax Tribunal 

P.O. Box 30232 

Lansing, Michigan 48909 

Re: 

Sharon Wietecha v Hamburg Township 

MTT Docket No. 24-003379 

Dear Sir/Madam: 

Enclosed please find Respondent’s Answer to Small Claims Petition and Proof of Service 

thereof relative to the above captioned appeal. 

: 

Very truly yours, 

/s/ Seth A. O'Loughlin 

Seth A. O’Loughlin 

SAO 

Enclosure

PROOF OF MAILING 

On the date below 

I sent by first-class mail 

a copy of the foregoing and Respondent’s 

Answer to Petition to: 

Sharon Wietecha 

PO Box 745 

Lakeland, MI 48143 

I declare that the statement above is true to the best of my information, knowledge and 

belief. 

/s/ Seth A. O’Loughlin 

Dated: 

October 7, 2024 

Seth A. O'Loughlin

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON 1. BROWN, DPA 

GOVERNOR 

LANSING 

DIRECTOR 

PROPERTY TAX APPEAL ANSWER FORM 

SPECIAL ASSESSMENT 

MTT DOCKET NO. 24003379 

Pursuant to Michigan Tax Tribunal Rule (TTR) 279(4), you MUST submit a copy of the notice giving rise to the appeal (e.g. the special 

assessment confirmation roll} with this Small Claims Answer if applicable. If you do not submit this document, you may be held in 

default. 

Section 1: Respondent’s Contact Information 

Unit of Government: 

Hamburg Township 

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

1 

First Name 

[ZEN 

Last Name 

Laura 

M 

Hallahan 

Firm Name (if any) 

. 

"Hallahan & Associates, PC 

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

1750 S. Telegraph, Ste 202 

City or Town 

State 

ZiP Code 

Bloomfield Hilss 

MI 

48302 

Telephone Number 

Fax Number 

248-731-3090 

E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) 

MTT@hallahantaw.com 

Section 3: Subject Property Information 

Parcel identification Number(s): 

15-28-201-044 

if multiple parcels are being appealed are they contiguous or adjoining? 

ves 

[Jno 

NIA 

Taxing Authority {City or Township) 

County 

Hamburg Township 

Livingston

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON 1. BROWN, DPA 

GOVERNOR 

LANSING 

DIRECTOR 

Section 4: Explain Your Answer to this Appeal 

The special assessment district was lawfully established and the amount allocated to the 

parcel at issue is appropriate and correct. 

While Petitioner did not appear at the special assessment hearing in person a letter 

appeal was filed on April 3, 2024. 

Section 5: Jurisdictional Issues 

Did Petitioner protest the speclal assessment at the hearing held to confirm the special assessment roll? 4 Yes 

J No 

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

May 7, 2024 

How many years is the special assessment being levied? 

What is the total amount of the special assessment being levied 

{per parcel)? 

10 

$7,113.12 (plus interest) 

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

MCL 41.721 et seq. 

Signature 

*required 

Respondent or Attorney/Authorized Representative’s Signature: 

Seth A. O'Loughlin 

Isl

Resolution #5 — Margaret Drive Area Canal Dredging Project 

TOWNSHIP OF HAMBURG 

At a special meeting of the Township Board of the Township of Hamburg, Livingston 

County, Michigan (the “Township™) held at the Hamburg Township Hall Meeting Room on 

Tuesday. May 7%, 2024, beginning at 3:45 p.m. Eastern Time, there were: 

PRESENT: 

Hohl, Dolan, Menzies, Hahn, Hughes. Michniewicz 

ABSENT: 

Negri 

The following preamble and resolution were offered by 

Hoh! 

and seconded 

by 

Hughes 

. 

RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL 

FOR THE MARGARET DRIVE AREA CANAL DREDGING PROJECT 

WHEREAS, the Township Board of Trustees (the “Township Board”) has determined 

that it is desirable to act favorably upon the request of the property owners to finance the 

completion of certain waterway improvements within the Township as described in Exhibit A 

(the “Project”); 

WHEREAS, the Township Board has tentatively determined to finance the cost of the 

Project by issuing bonds (the “Bonds”), in accordance with Act No. 188, Michigan Public Acts 

of 1954, as amended (“Act 188"); 

WHEREAS, the Township Board has determined to use Special Assessments levied 

under Act 188 to raise the funds to pay the Township's obligations on the Bonds; 

WHEREAS, the Special Assessment District for the Project has been determined by the 

Township Board; 

WHEREAS, the Township Board has directed the Township Supervisor to prepare the 

proposed Special Assessment Roll; 

WHEREAS, the Township Supervisor has prepared the proposed Special Assessment 

Roll and has filed the proposed Special Assessment Roll with the Township Clerk; 

WHEREAS, the Township Board has scheduled a public hearing on the proposed Special 

Assessment Roll and notice of the hearing has been properly provided; and

NOW, THEREFORE, BE IT RESOLVED THAT: 

I. 

Roll Confirmation. 

In accordance with Act No. 

188, Michigan Public Acts of 

1954, as amended, and the laws of the State of Michigan, the Township Board hereby confirms 

the Special Assessment Roll for the Hamburg Township Margaret Drive Area — Canal Dredging 

Special Assessment District (the “Roll”). The estimated cost of the Project is subject to quarterly 

periodic redetermination of costs, without further notice, pursuant to MCL 41.724(4). 

2. 

Future Installments — Principal. 

The Township Board determines that each 

Special Assessment may be paid in 10-equal installments, 

The first installment shall be due on 

December 1. 2024. Each subsequent installment shall be due at intervals 12 months from the due 

date of the first installment. 

3. 

Future Installments — Interest. All unpaid installments shall bear interest, payable 

annually on each installment due date, at a rate equal to one percent (1%) above the average 

interest rate on the Township Bonds sold to finance the Project. 

Interest on such unpaid 

installments shall accrue from the first day of the month in which interest starts to accrue on such 

Township bonds, 

4, 

Warrant. The Township Clerk is hereby directed to attach a warrant (in the form 

of Exhibit 

B 

to this resolution) to the Roll and to deliver such warrant and the Roll to the 

Township Treasurer, who shall thereupon collect the special assessments in accordance with the 

terms of this Resolution, the Township Clerk’s warrant and the statues of the State of Michigan. 

5. 

Ratification of Notice. The form and content of the notice published and mailed 

to property owners in the Special Assessment District by the Township Clerk with respect to the 

public hearing held on May 7, 2024 and all action of Township officials in scheduling such 

hearing, ate hereby approved, ratified and confirmed. 

6. 

Inconsistent Prior Resolutions. 

All previously adopted resolutions that are in 

conflict with this resolution are replaced to the extent of such conflict. 

A vote on the foregoing resolution was taken and was as follows: 

YES: 

Hohl, Dolan, Hahn, Hughes, Menzies, Michniewicz 

NO: 

None 

ABSENT: 

Negri

CLERK'S CERTIFICATE 

The undersigned, being the Clerk of the Township, hereby certifies that (1) the foregoing 

is a true and complete copy of a resolution duly adopted by the Township Board at a regular 

meeting at which meeting a quorum was present and remained throughout, (2) the original 

thereof is on file in the records in my office, (3) the meeting was conducted, and public notice 

thereof was given, pursuant to and in full compliance with the Open Meetings Act (Act No. 267, 

Public Acts of Michigan, 1976, as amended) and (4) minutes of such meeting were kept and will 

be or have been made available as required thereby. 

Michael Dolan 

Hamburg Township Clerk

EXHIBIT A 

DESCRIPTION OF PROJECT 

The project will consist of dredging Area #1; approx. 35'x 125° of the canal with a Floating 

Dredge as far as can be reached from shore with removal of approx. 3-fi. of muck. Dredging of 

Area #2; Contractor shall dredge approx. 75° x 50° of the canal with a Floating Dredge as far as 

can be reached by shore including removal of approx. 3’ of muck. All spoils from the dredging 

shall be pumped into a dewatering bag. Homeowners shall be responsible to move/grade spoils 

when dry from Area #1 and #2. Homeowners shall also be responsible for all costs for any soil 

erosion control measures required by permits. Contractor is to provide a dewatering bag (903 

cubic yards) as well as a turbidity curtain during dredging activities. The waterway rehabilitation 

shall serve the properties in the Margaret Drive and Kress Road atea of the Township that are 

within the boundaries indicated on the attached map.

Margaret Drive Area Canal Dredging Project 

Hamburg Township, Livingston County, Michigan 

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FAX (810) 231:4295 

TELEPHONE: (810) 231-1000 

EXHIBIT B 

WARRANT 

TO: 

Treasurer 

Hamburg Township 

Livingston County, Michigan 

I certify that attached to this Warrant is a true copy of the Special Assessment Roll 

confirmed by the Township Board of the Township of Hamburg 

on May 

7, 2024 (the 

“Confirming Resolution”). 

You are hereby directed to proceed to collect the amounts due on 

such roll in accordance with this Warrant, the Confirming Resolution and the statutes of the State 

of Michigan. 

Michael Dolan 

Hamburg Township Clerk

. 

p————

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Michigan Tax Tribunal 

P.O. Box 30232 

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