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