2024 Sec 6 Jurisdiction - all years w POS.pdf
Wayne W Gagnon Trust, Petitioner V Township Of Alpine, Respondent · 24-003832-TT
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2024 SMALL CLAIMS AMENDED - PROPERTY TAX APPEAL PETITION FORM Wayne W. Gagnon, Petitioner MTT Docket #23-003074-TT Vs. MTT Docket #24-003832-TT Alpine Township, Respondent MTT Docket #25-000741-TT ATTACHMENT RE: SECTION 6: JURISDICTIONAL ISSUE JURISDICTION QUESTION Petitioner erroneously filed Gagnon 2023 tax protest in the Entire Tribunal Division (see Docket #23-003074). Petitioner purposely filed Gagnon 2024 tax protest in the Small Claims Division (see Docket #24-003832-TT). Petitioner protectively filed Gagnon 2025 tax protest in the Small Claims Division (see Docket #25-000741), despite the understanding that it would be automatically added to a prior year case. At 4/16/2025 Pre-Hearing Conference, all parties agreed that the 2023 case in the Entire Tribunal Division should be transferred to the Small Claims Division. Question: e Does jurisdiction cover a combined SC case that includes 2023, 2024, and 2025 (under Docket #23-003074)? e Ordoes Year 2023 stand alone as Docket #23-003074, and only 2024 and 2025 get combined (under Docket #24-003832-TT)? Petitioner would prefer that all cases be decided simultaneously by the Judge. This would be most cost-effective and efficient for all parties. If docket 23-003074 combines 2023, 2024, and 2025, presumably the Judge will decide one TCV for 2023, one TCV for 2024, and one TCV for 2025, and effectively address any TCV distortions in years after 2023 as he sees fit. If it not worth the time and expense for 2023 to stand alone as Docket #23-003074-TT, and for years 2024 and 2025 to be addressed in a later Docket [#24-003832-TT]. Simply use John Meyer TCV and years 2024 and 2025 will resolve themselves.
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LARA Michigan Tax Tribunal
Small Claims
** Warning about subsequent tax
years: If the case Is a dispute over
TCV, AV, and/or TV, and the hearing is
not scheduled until after the
following April 1 of the next year, then
the Tribunal will automatically add
the next tax year as a year in issue.
For instance, if Petitioner filed a
petition in May 2021 (for tax year 2021)
and the hearing Is not scheduled
until after April 1,2022, then the
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Tribunal will automatically add tax
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year 2022 to the case. If this happens:
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1. The parties are expected to submit
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evidence about the Initial tax year In
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{esue and the added year by the filing
deadlines stated In the Notice of
Hearing;
2, The parties may ask the Tribunal to
sever 2022 and have a hearing on that
year later so the parties can collect and
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The Tribunal may sever the added year
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on its own If the parties do not have
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sufficient evidence about the added
year, This means the hearing on the
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added year will be held later after the
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parties have had time to collect and
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exchange evidence.
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6. Submit Evidence to Tribunal and
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Exchange with the Other Party
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Parties are required to submit their
documents to the Tribunal and the
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other party at least 21 days before the
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scheduled hearing date, as provided by
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All evidence that is submitted to the
Tribunal MUST be also ugerved” on
the other party 21 days before the
hearing.
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Petitioner - The party who starts a
case In the MTT by filing a petition
against another party (known as the
Respondent).
Proof of Service — A written
statement that you file with the
Tribunal indicating that you sent (or
served”) the documents on the
other party. The Tribunal
recommends you use the Proof of
Service form provided.
Respondent - The party who is
being sued by the Petitioner and
responds to the filing of a petition by
filing an answer.
service - The act of sending a copy
of court papers or other documents
to the other party. He “served” his
evidence on the Respondent by
sending them a copy by mail. See
proof of service.
Stipulation - A written agreement
between the parties that Is
submitted to the Tribunal. A
stipulation may be on limited facts of
the case or may be a stipulation for
entry of consent judgment that
settles the entire case. The parties
should use the Tribunal's Stipulation
for Entry of Consent Judgment Form
Tax Day
- In Michigan, property
taxes for a particular tax year are
determined on the immediately
preceding December 31. For
example, Tax Day for year 2022s
December 31,2021.
$-271%
+ HLSPage 3
pm i LARA Michigan Tax Tribunal Tax Tribunal Rules Practice before the Michigan Tax Tribunal is governed by the Tribunal Rules of Practice and Procedure. For a copy of the General Rules see Part 1: General Rules. The Tax Tribunal Rules are divided into three sections: General Provisions, Entire Tribunal, and Small Claims, and Mediation. For a printable version of the Tax Tribunal rules see Tax Tribunal. These rules are effective as of March 28, 2025. TTR Number Rule Title PART 1. GENERAL PROVISIONS 201 Scope 203 Definitions 205 Computation of time | 207 | ALJ/Substitution 209 Redacting PPI 21 Service of pleadings 213 Appeals | payment/waiver/frefund of fees 215 217 Cost
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BEB B AOE iE 5B Subpoenas Conduct of Hearings Rehearings/Reconsideration Witness fees SC Jurisdiction Records SC Fees Election of SC Appearance and representation Commencement of proceedings SC Answers Stipulations Hearing sites; accommodations SC Notice of hearing Evidence Exceptions
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R 792.10271 Petitioner's election of small claims division. Rule 271. A petitioner who wishes to have a matter heard in the small claims division must elect to do so. R 792.10273 Subsequent tax year assessments. The appeal for each subsequent year for which an assessment has been established is added automatically to the petition for an assessment dispute as to the valuation or exemption of property at the time of hearing. For purposes of this rule, a subsequent tax year assessment is established by April 1 of that tax year. R 792.10275 Transfers. (1) A party may, by motion filed with the tribunal and served on the opposing parties, request a transfer of the contested case from the small claims division to the entire cribunal, | Ha HEPES TF Ir qe Fie pT ro Se 2? (2) If the motion is filed with the tribunal after the notice of hearing in the contested case has been issued by the tribunal, the parties shall appear at the hearing and be prepared to conduct the hearing, unless otherwise ordered by the tribunal. (3) If the request is granted, the moving party shall pay all tribunal filing fees and any reasonable costs that the tribunal determines may be incu rred by the opposing party or parties as a direct result of the transfer. (4) With the permission of the petitioner, the tribunal may refer a contested case properly pending in the small claims division to the entire tribunal. R 792.10277 Appearance and representation. Rule 277. i (1) The tribunal may, upon a motion filed with the tribunal and served on the opposing parties not less than 28 days before the hearing scheduled ina contested case, conduct the hearing on the file for the moving party. If the motion is granted, the tribunal shall render a decision based on the testimony provided by the opposing parties at the hearing, if any, and all pleadings and written evidence properly submitted by all parties not less than 21 days before the date of the scheduled hearing or as otherwise ordered by the tribunal.
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STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN OFFICE OF ADMINISTRATIVE HEARING AND RULES MICHIGAN TAX TRIBUNAL WAYNE W. GAGNON TRUST, MTT Docket No. 23-003074 MTT Docket No. 24-003832 MTT Docket No. 25-000741 Petitioner, Parcel No. 41-09-22-200-049 V TOWNSHIP OF ALPINE, Respondent. / Wayne W. Gagnon Trust Toby Koenig (P72367) Petitioner’s Representative PO Box 565 BLOOM SLUGGETT, PC Belmont, MI 49306 Attorney for Respondent (616) 446-8061 161 Ottawa Ave NW, Suite 400 gilroc@charter.net Grand Rapids, MI 49503 (616) 965-9343 toby@bloomsluggett.com / PROOF OF SERVICE Margo Gagnon, representative of Petitioner, says that on April 25, 2025, she served a copy of the Petitioner, Wayne W. Gagnon Trust’s Year 2024 Amended Property Tax Appeal Petition Form Valuation Appeal, and supporting exhibits including: o Attachment for Section 1 & 2: LARA e-filing submission problems on April 21, 2025 o Attachment for Section 5: Chronology of Years 2023, 2024, & 2025 o Attachment for Section 6: Jurisdictional Issue regarding combination of 2023, 2024 and 2025 tax protests o Attachment for Section 6: Appearance at December 2024 Board of Review o Attachment for Section 7: Valuation Information o Attachment for Section 7: Confusion over Township data including %Good on 2024 Assessment and Math footing error on 2024 Ag Vacant Land Study upon Toby Koenig, attorney for Respondent, by electronic mail to: toby@bloomsluggett.com. /s/ Margo Gagnon Margo Gagnon