SC-Petition-Valuation(CORRECTED)502.pdf
Jimeyer Trust Petitioner V Township Of Elk Rapids Respondent · 26-001158-TT
Text extracted from the reviewed PDF, organized by page. OCR and reading order may contain errors; confirm details in the PDF below.
Page 1
STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR DIRECTOR LANSING PROPERTY TAX APPEAL PETITION FORM VALUATION / UNCAPPING Do not use this form to appeal Classification, Principal Residence Exemption, Qualified Agricultural Exemption, Other Exemptions, Special Assessments, or Non-Property tax disputes. Pursuant to Tax Tribunal Rule (TTR) 279, you MUST submit a copy of the notice giving rise to the appeal (i.e., Board of Review Decision or other notice) with this petition, if applicable. If you do not submit this document, you may be held in default. Section 1: Petitioner’s Contact Information First Name M.I. Last Name/Company Name Mailing Address (No., Street, P.O. Box or Rural Route) City or Town State ZIP Code Telephone Number Email Address (do not enter unless you want MTT to send all correspondence via email) Section 2: Petitioner’s Attorney/Authorized Representative’s Contact Information First Name M.I. Last Name Firm Name (if any) Mailing Address (No., Street, P.O. Box or Rural Route) City or Town State ZIP Code Telephone Number Email Address (do not enter unless you want MTT to send all correspondence via email) Section 3: Subject Property Information *Use the multiple parcel form for additional, contiguous parcels. How many parcels are you appealing? If you are appealing more than one parcel, are they contiguous or adjoining? Yes* No** **If No, you must file separate appeals for each parcel Property Address (No., Street) City or Town County State ZIP Code Taxing Authority (City or Township) Jimeyer Trust 503 Ottawa Street Elk Rapids MI 49629 Aaron T Timlin Elk Rapids MI 49629 502 Chippewa Street Elk Rapids Antrim MI 49629 Elk Rapids Township (313) 444-4588 aaron@chalfonte.org 503 Ottawa Street (313) 444-4588 aaron@chalfonte.org 2
Page 2
STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON I. BROWN, DPA
GOVERNOR
DIRECTOR
LANSING
Section 4: Check which of the following you are appealing (check all that apply)
True Cash and Taxable Value
Taxable Value Only (calculation)
Uncapping of Taxable Value
Section 5: Explain the Reason for this Appeal
Section 6: Jurisdictional Issues
Did you protest the assessment at a Board of Review (BOR)?
Yes
No
If Yes, check which BOR you attended:
March
July
December
If No, please check the applicable reason(s):
Not required to attend
Appealing a purported Clerical Error or Mutual Mistake of Fact (if yes, include explanation in Section 5)
Appealing within 35 days of State Tax Commission Order
Appealing within 35 days of receipt of Notice of Uncapping
Other
If you checked “other” above, explain:
Year(s) under appeal:
The Petitioner appeals the uncapping of the taxable value of properties held in the Jimeyer Trust following the death of Father
James Meyer ("Jimeyer"), as well as the Board of Review's rejection of Petitioner's appeal on procedural grounds as allegedly
beyond the filing deadline.
The properties were placed into the Jimeyer Trust prior to Father Meyer's death and continue to be owned by the trust. The
Chalfonte Foundation has remained the beneficiary of the trust both before and after Father Meyer's passing. Petitioner contends
that no "transfer of ownership" occurred under Michigan General Property Tax Act, including MCL 211.27a(6)(c), because the
beneficial interest in the trust property remained the same.
Petitioner further contends that the retroactive uncapping was improper and was applied without a meaningful opportunity for review
through the normal Board of Review process at the time the uncapping occurred. After discovering the uncapping, Petitioner made
multiple attempts to resolve the matter directly with the assessor prior to filing the present appeal with the Board of Review.
Because the Board of Review rejected the petition as untimely without addressing the merits of whether the uncapping was lawful,
Petitioner now seeks review by the Michigan Tax Tribunal and requests restoration of the capped taxable value of the subject
properties.
Petitioner further notes that this Petition, Docket No. 26-001158, was originally filed listing both Parcel No. 05-43-010-310-00 and
Parcel No. 05-43-010-303-00 together in error. These are two separate, non-contiguous parcels that must proceed as separate
matters before the Tribunal. Petitioner requests that this Petition be corrected to proceed solely with respect to Parcel No.
05-43-010-310-00. Parcel No. 05-43-010-303-00 was included on a separate petition that was dismissed as duplicative of this one;
Petitioner will be addressing that parcel and that dismissal through a motion for reconsideration in that separate case.
2022, 2023, 2024Page 3
STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR DIRECTOR LANSING Section 7: Valuation Information *Use the multiple parcel form for additional, contiguous parcels. Parcel Number: Classification of Property: Real Personal (check one) Agricultural Commercial Industrial Residential Timber-Cutover Developmental Utility (check one) Assessed Value (also known as State Equalized Value) established by the Board of Review: Taxable Value established by the Board of Review: What do you believe is the fair market value (also known as true cash value)? What do you believe is the assessed value? (multiply true cash value by .5) What do you believe is the taxable value? (cannot exceed assessed value) Fee Information Does the property have a Principal Residence Exemption of at least 50% as of the date of the filing of this petition for all tax years at issue? Yes No If you answered yes to the above question, you are not required to pay any filing fees. If the property does not have a Principal Residence Exemption of at least 50% as of the date of the filing of this petition for all tax years at issue, the filing fee is based on the greater of the State Equalized Value or Taxable Value in dispute. If you are appealing more than one parcel, the parcel with the highest State Equalized Value or Taxable Value in dispute will be used to determine your filing fee, plus $25.00 will be added for each additional parcel being appealed, not to exceed a total filing fee of $1,000.00 If your property is residential property (see MCL 205.762) and the State Equalized Value or Taxable Value in contention is: Filing Fee is: $100,000.00 and under $125.00 $100,000.01 to $500,000.00 $200.00 $Over $500,000.00 $300.00 If the property is NOT residential property (see MCL 205.762) and the State Equalized Value or Taxable Value in contention is: Filing Fee is: $100,000.00 and under $250.00 * Plus $25.00 for each additional parcel, as indicated above. If the property is NOT residential property and the State Equalized Value or Taxable Value in dispute is $100,000.01 or greater the appeal does not qualify for Small Claims. Therefore, an Entire Tribunal petition must be filed. Signature *Required Petitioner or Attorney/Authorized Representative’s Signature: /s/ 157242.00 442400.00 05-43-010-310-00 221200.00 221200.00 73072.00