Full record / Cawthray.pdf

Cawthray.pdf

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

← View full record

Text extracted from the reviewed PDF, organized by page. OCR and reading order may contain errors; confirm details in the PDF below.

Page 1

GRETCHEN WHITMER 

RECEIVED 

JUN 05 2025 

MICHIGAN TAX TRIBUNAL 

GOVERNOR 

STATE OF MICHIGAN 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

LANSING 

MARLON |. BROWN, DPA 

DIRECTOR 

PROPERTY TAX APPEAL PETITION FORM 

SPECIAL ASSESSMENT 

Section 1: Petitioner’s Contact Information 

First Name 

M.1. 

Last Name/Company Name 

Richard 

C. 

Cawthray 

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

12127 West Pierson Road 

City or Town 

State 

ZIP Code 

Flushing 

MI 

48433 

Telephone Number 810-938-6548 

rcawthray@comcast.net 

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

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

First Name 

M.L 

Last Name 

None 

Firm Name (if any) 

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

State 

ZIP Code 

City or Town 

Telephone Number 

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

Section 3: Subject Property Information 

How many 

If you are appealing more than one parcel, are they contiguous or adjoining? 

parcels are you 

Yes* 

No* 

[U4 NA 

appealing? 

*If yes, use a multiple parcel form for information regarding any contiguous parcels. 

1 

**If no, you must file separate appeals for each non-contiguous or non-adjoining parcel or you will be defaulted. 

Property Address (No., Street, City, ST, ZIP) 

[If multiple, list first property's address] 

13357 Haddon St., Fenton, MI 48430 

Parcel Identification Number(s): 

Prop #: 06-14-576-022

Page 2

Section 4: Explanation for Reason for the Appeal 

am filing an appeal on the Road Repair Assessment for the above listed parcel located in Fenton 

Township. "Michigan law generally presumes that decisions regarding special assessments are 

valid. To be determined valid, special assessments must meet two legal requirements: (1) the 

improvement subject to the special assessment must confer a benefit on the assed property and 

not just the community as a whole and (2) the amount of special assessment must be reasonably 

proportionate to the benefit derived from the improvement". The very idea special assessments are 

justified is premised on values of property in specified assessment districts will be enhanced by the 

improvements made. It follows that the validity of these assessments hinges on the benefits 

conferred. Accordingly, finding an increased market value as a result of the improvements would 

constitute as a benefit conferred from the special assessments. Michigan Supreme Court 

articulated when analyzing the validity of a special assessment, courts are "not to determine 

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

and the amount of 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 tothe land as a 

result of the improvements". 

At the board meeting held November 2022 the FULL SHARE/HALF SHARE method of assessment 

was introduced 

This method is completely arbitrary and gives no regard to the law stated above. 

When the board was asked how they determined this method no explanation was given. Homes on 

Lake Fenton have lots varying from 40’ to 100'+. Forty-foot lots are obviously too narrow for a two 

garage and therefore most small lot owners have a small parcel across the street their garage. This 

parcel has a Tax ID number as indicated above. Each resident on Haddon Street was assessed a 

FULL SHARE of the cost of repairs. All residents with a garage parcel were assessed an additional 

HALF SHARE. People with the smallest homes/lots will pay 50% additional assessment simply 

because they have tiny lots. The full share = $10,414.00. The half share = $5,207. My annual 

property tax on my garage = $907. Annual property tax on my home = $9,037. The garage 

assessment = $5,207 is totally disproportionate as there is little to no enhancement to the value to 

the property. The garage fronts the same 40’ as my home. It will not add any additional value to this 

parcel. 

lam paying 50% more for the same forty feet of road frontage that my home and garage 

share. 

At the April 1, 2025 road repair meeting 

| presented each member of the board copies of newspaper

Page 3

ep, 

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

GOVERNOR 

LANSING 

Section 4: Explain the Reason for this Appeal 

MARLON |. BROWN, DPA 

DIRECTOR 

See Attached Sheet for: 

Explain the Reason for this Appeal 

Section 5: Jurisdictional Issues 

Did you protest the special assessment at the hearing held to confirm the special assessment roll? 

Yes 

OJ No 

If Yes, what was the date of the hearing held to confirm the special assessment roll? 

November 18,2022; April 1, 2025 

If No, explain: 

Fee Information: 

A fee of $100.00 is required for the filing of a Special Assessment Appeal. 

Signature required 

TT 

Petitioner ori 

ntative’s Signature: 

5 

— 

aca 

= 

=

Page 4

Rick Cawthray 

METROPLEX MI, 98D; oN" 

aml 

12127 W Pierson Rd 

Flushing MI 48433-9716 

2 JUN 2025 

PM $61 

| Aa Tp TRIBUNAL 

Pp, Box 56232 

LON SEG 

Mz 

A807 

SESE 

FT HEE 

LYE 

BURT 

SR 

CT HT 

FUR 

BU 

F

PDF reading copy

← View full record