Petition - 1004 S Franklin - Mt. Pleasant (Small Claims) w BoR Decision.pdf
United Apartments - Rcs, LLC, Petitioner V City Of Mt Pleasant, Respondent · 25-002123-TT
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1 STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN ADMINISTRATIVE HEARING SYSTEM MICHIGAN TAX TRIBUNAL UNITED APARTMENTS - RCS, LLC, Petitioner, Docket No. 25- Parcel No. 17-000-10402-00 v. CITY OF MOUNT PLEASANT, Respondent. Brian E. Etzel (P54905) WILLIAMS, WILLIAMS, RATTNER & PLUNKETT, PC Attorneys for Petitioner 380 N. Old Woodward Ave., Ste. 300 Birmingham, MI 48009 (248) 642-0333 bee@wwrplaw.com SMALL CLAIMS DIVISION PROPERTY TAX PETITION Petitioner UNITED APARTMENTS - RCS, LLC, by and through its attorneys, Williams, Williams, Rattner & Plunkett, PC, states as follows for its Small Claims Division Property Tax Petition. The Parties 1. Petitioner UNITED APARTMENTS - RCS, LLC is a Michigan limited liability company with its registered office located at P.O. Box 222, Mount Pleasant, MI 48804. 2. Respondent the City of Mount Pleasant is a Michigan city with its principal offices located at 320 W. Broadway, Mt. Pleasant, MI 48858.
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2 The Subject Property 3. Petitioner owns property identified as Parcel No. 17-000-10402-00 and commonly known as 1004 S Franklin, Mt. Pleasant, MI 48858 (the “Subject Property”). 4. The Subject Property is located in Isabella County and is within the Mount Pleasant City School District. 5. Respondent possesses jurisdiction to assess and collect property taxes for the Subject Property. The 2025 Assessment 6. For the 2025 tax year, Respondent classified the Subject Property as residential property. 7. For the 2025 tax year, the Board of Review established the Subject Property’s assessment for property taxes as follows: True Cash Value Assessed Value Taxable Value $317,800 $158,900 $137,702 8. Petitioner contends that a lawful assessment of the Subject Property for the 2025 tax year cannot exceed the following amounts: True Cash Value Assessed Value Taxable Value $200,000 $100,000 $100,000 9. The amounts in dispute therefore are as follows: True Cash Value Assessed Value Taxable Value $117,800 $58,900 $37,702 10. This Petition presents issues involving the Subject Property’s valuation for assessment purposes. Petitioner does not believe that this Petition presents any issues arising out of “additions” or “losses” as the General Property Tax Act, MCL 211.1 et seq. (the “GPTA”),
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3 defines those terms, but reserves its right to assert issues involving losses should information supporting such issues become available. 11. The Subject Property’s 2025 assessment (a) violates the Michigan Constitution, the GPTA, and other Michigan law, (b) is based on erroneous principles and information, (c) is based on the misapplication of valuation principles, and (d) otherwise violates Petitioner’s rights. 12. Petitioner does not assert that the Subject Property’s 2025 assessment is not uniform aside from the lack of uniformity resulting from Respondent overestimating the Subject Property’s values. Conclusion and Request for Relief WHEREFORE, Petitioner respectfully requests that this honorable Tribunal enter judgment revising the Subject Property’s 2025 assessment to be consistent with the values set forth in Paragraph 8 of this Petition and granting Petitioner all other relief to which it is entitled under Michigan law. Respectfully Submitted, WILLIAMS, WILLIAMS, RATTNER & PLUNKETT, PC By: /s/ Brian E. Etzel Brian E. Etzel (P54905) Dated: June 1, 2025 Attorneys for Petitioner
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03/17/2025 01:20 PM 2025 BOARD OF REVIEW DECISION FROM MT PLEASANT CITY ASSESSOR 320 WEST BROADWAY ST. MT. PLEASANT, MI 48858 NAME AND ADDRESS OF OWNER OR PERSON NAMED ON ASSESSMENT ROLL: PROPERTY IDENTIFICATION: (Parcel Code required. Property address and legal description optional. ): 17-000-10402-00 1004 S FRANKLIN UNITED APTS- RCS LLC < PO BOX 222 MT PLEASANT MI 48804-0222 NORMAL SCHOOL ADD LOT 2 BLOCK 1 THIS PROPERTY IS CLASSIFIED 401 (RESIDENTIAL-IMPROVED) Thank you for attending this years March Board of Review. The Board has reviewed the information you supplied and the data necessary to compute your assessment and taxable value. The Board has completed their review of parcel number 17-000-10402-00 They have made the following determination based on the information you supplied. Board of Review C nts VALUE CHANGE DENIED [2025 ORIGINAT ASSESSED VALUE 158,900 | [2025 "BOARD OF REVIEW" ASSESSED VALUE 158,900 ] (If the above amounts are the same, no revisions have occured) 2025 ORIGINAL TAXABLE VALUE 137,702 2025 "BOARD OF REVIEW" TAXABLE VALUE 137,702 2025 PRINCIPAL RESIDENCE EXEMPTION/QUALIFIED AG 0.0000 Please feel free to contact the assessor at the address listed above or call if you have any questions. “Effective March 1, 2013, the Tribunal is no longer able to accept Small Claims letter appeals. Rather, you are required to file a petition to initiate a new Small Claims appeal. Petition forms are available on this website.” http://www.michigan.gov/taxtrib/0,4677,7-187-38254---,00.html