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23-002232 Gibbons v Flint Twp - signed by JMW.pdf

Thomas W Gibbons, Petitioner V Township Of Flint, Respondent · 24-004246-TT

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Page 1

STATE OF MICHIGAN

 

GRETCHEN WHITMER 

GOVERNOR 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

LANSING

MARLON I. BROWN, DPA 

DIRECTOR 

 

 

MICHIGAN TAX TRIBUNAL · 611 W. OTTAWA ST., LANSING, MI 48933 · 517-335-9760 

PO BOX 30232, LANSING, MI 48909 · Other Carriers: 2407 N. GRAND RIVER AVE., LANSING, MI 48906 

Thomas W Gibbons, 

 

 

 

 

MICHIGAN TAX TRIBUNAL 

Petitioner, 

 

 

 

 

 

SMALL CLAIMS DIVISION 

 

MTT Docket No. 23-002232 

 

 

 

 

 

 

 

 

v 

 

 

 

 

 

 

 

Case Type: Valuation 

 

Flint Township, 

 

 

 

 

 

Presiding Judge 

 

Respondent. 

 

 

 

 

Joshua M. Wease 

 

ORDER SEVERING 2024 TAX YEAR AND ASSIGNING IT 

DOCKET NUMBER 24-004246 

 

FINAL OPINION AND JUDGMENT 

 

Location of Hearing: 

 

 

Saginaw, MI 

Hearing Held on: 

 

 

 

June 24, 2024 

Appearances on Behalf of Petitioner: 

Thomas W Gibbons 

Appearances on Behalf of Respondent: Paula Dotson 

 

SUMMARY OF JUDGMENT 

 

 

The subject property’s true cash value (TCV), state equalized value (SEV), and 

taxable value (TV), for the tax year at issue, shall be as follows: 

 

 

Parcel Number: 07-20-505-028 

Year

TCV

SEV

TV

2023

$170,000

$85,000

$68,880

 

PROCEDURAL HISTORY 

 

 

Petitioner was required to protest the subject property’s assessment to the Board 

of Review (BOR). Petitioner protested the subject property’s assessment to the 2023 

March BOR. 

 

 

Petitioner filed a Petition with the Tribunal on May 30, 2023, and Respondent 

filed an Answer on July 13, 2023.

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MTT Docket No. 23-002232 

Page 2 of 15 

 

 

The amount of SEV or TV in dispute, as set forth in the pleadings, for all tax 

years at issue is within the jurisdictional limits of the Small Claims Division.1 Further, 

the property’s assessment for subsequent tax years is included in this proceeding.2 

 

ISSUES AND APPLICABLE LAW 

 

The issues in this matter are: 

 

1. Whether the subject property is assessed in excess of 50% of its TCV. 

 

“The petitioner has the burden of proof in establishing the true cash value of the 

property.”3 

 

The assessment of real property in Michigan shall not exceed 50% of its TCV.4 “True 

cash value” means “the usual selling price . . . .”5 “True cash value” means “fair market 

value.”6 

 

The Tribunal is required to make an independent determination of TCV.7 “[T]he tribunal 

is not bound to accept either of the parties’ theories of valuation. It may accept one 

theory and reject the other, it may reject both theories, or it may utilize a combination of 

both in arriving at its determination.”8 

 

The Tribunal is required to select the valuation methodology that is accurate and bears 

a reasonable relationship to the property’s TCV.9 

 

2. Whether the TV exceeds the amount provided by MCL 211.27a. 

 

MCL 211.27a provides that a property’s TV is the lesser of the property’s SEV or 

capped TV, and a property’s capped TV is, absent a transfer of ownership, determined 

mathematically by taking into consideration the prior tax year’s TV, statutory losses, the 

lesser of the rate of inflation or 5%, and statutory additions, including omitted property 

(i.e., property not previously assessed).10 

 

 

Pursuant to R 792.10133, after hearing, the Tribunal must issue a final decision 

in writing. Additionally, “[a] written final decision shall include separate sections entitled 

“findings of fact” and “conclusions of law.’” Findings of fact “shall include a concise 

statement of the underlying supporting facts” that are “based exclusively on the 

 

1 See MCL 205.762(1). 

2 See MCL 205.737(5)(b). 

3 MCL 205.737(3); see also Kern v Pontiac Twp, 93 Mich App 612, 620; 287 NW2d 603 (1979). 

4 Michigan Const 1963, art IX, sec 3. 

5 MCL 211.27(1). 

6 CAF Investment Co v State Tax Comm, 392 Mich 442, 450; 221 NW2d 588 (1974). 

7 See Jones & Laughlin Steel Corp v City of Warren, 193 Mich App 348; 483 NW2d 416 (1992). 

8 Id. at 356. 

9 See Safran Printing Co v Detroit, 88 Mich App 376; 276 NW2d 602 (1979). 

10 See MCL 211.34d.

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MTT Docket No. 23-002232 

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evidence.”11 Consequently, the Tribunal has not addressed every piece of evidence or 

every inference that might lead to a conflicting conclusion and has rejected evidence 

contrary to its findings. Furthermore, “[e]ach conclusion of law shall be supported by 

authority or reasoned opinion.”12 Accordingly, the Tribunal will outline the summary of 

evidence, findings of facts, and conclusions of law, before ultimately rendering 

judgment. 

 

SUMMARY OF EVIDENCE 

 

A. Petitioner’s Evidence 

 

Petitioner’s contentions of TCV, SEV, and TV: 

 

Parcel Number: 07-20-505-028 

Year

TCV

SEV

TV

2023

$131,200

$65,600

$65,600

 

The exhibits offered by Petitioner may be viewed on lines 1, and 16-37 of the docket 

maintained in this case.13 No exhibits were excluded from evidence. 

 

 

Based on the pleadings, admitted exhibits, and sworn testimony, Petitioner 

contends that a sales comparison approach supports their contention that the 

assessments on this property are too high. Petitioner objects to some of Respondent’s 

sales. First, the sale at 5081 Caulkins is the highest price sale, and it looks like it has 

had a remodel. There is a triple driveway to the garage in back with gazebo and a huge 

deck. It has a pool, fantastic shed, new roof, double sidewalk, and updated kitchen. 

The garage is heated and hooked up to 220 amps. Further, the lot size makes a 

significant difference in value, say, between a half-acre and a quarter-acre lot. Lot size 

is not considered in the various sales approaches. Petitioner’s report spells out the 

different steps, trend, sales, and sales approach and pictures. 

 

 

There were some corrections to the Property Record Card (PRC) when the 

Township inspected the property. The subject home has no basement, and it is a tri-

level not a quad level. The PRC has been changed and is up to date. The subject is a 

60-year-old house that should have a depreciation of 45% instead of the 64% 

depreciation that the assessor has for the property. Petitioner questions Respondent’s 

rates for the living area at $22/square foot (SF) rather than $7/SF and $50/SF instead of 

$18/SF. Petitioner used interior measurements for basement square footage rather 

than exterior. 

 

 

In 2021, Petitioner paid $140,000 for the subject, which was in line with the trend 

of fourteen sales. Later in 2022, that trend continues in the first half of the year., but in 

 

11 See also MCR 2.517(a). 

12 Id. 

13 The docket is located on the Tribunal’s website at Tax Docket Lookup Search Page and may be 

accessed by entering the docket number assigned to this case.

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MTT Docket No. 23-002232 

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the second half of 2022 mortgage rates were increasing and fighting limited supply, 

which stabilizes in the middle. In 2023, the value of the subject would still be around 

$140,000 if you average the low prices of a couple houses and the high prices on a 

couple houses because there was limited availability of houses. For 2024, the value of 

the subject would still be about $144,500. Petitioner’s sales are just from the subject’s 

subdivision. Petitioner objected to looking for sales throughout the Township. It is 

better to look at one subdivision because the lots are smaller and more relevant to the 

subject. Looking at the three of the highest sale prices, this data results in far less value 

than Petitioner paid for the subject. Another three of the sales average $125,000. 

Petitioner admitted that he did not submit evidence for 2024 and would like to sever the 

cases. 

 

B. Respondent’s Evidence 

 

The property’s TCV, SEV and TV, as confirmed by the BOR, for the tax year at issue: 

 

Parcel Number: 07-20-505-028 

Year

TCV

SEV

TV

2023

$155,800

$77,900

$68,880

 

Respondent’s revised contentions of TCV, SEV and TV: 

 

 

Parcel Number: 07-20-505-028 

Year

TCV

SEV

TV

2023

$170,000

$85,000

$68,880

 

The exhibits offered by Respondent may be viewed on lines 4, 15, and 38 (duplicate 

copy) of the docket maintained in this case.14 No exhibits were excluded from evidence. 

 

 

Based on the pleadings, admitted exhibits, and sworn testimony, Respondent 

contends that the subject has been appropriately assessed given the market conditions 

for tax year 2023. Respondent’s assessor testified that their valuation disclosures 

contained the updated cost approach, which includes changes based on the property 

inspection. Further, the home does not contain a basement. However, the cost 

approach is not driving this valuation. Respondent’s assessor considered sales in that 

neighborhood. All sales are meant to compare “apples to apples,” meaning that all they 

are all tri-levels. Further, Respondent adjusted for time based on market conditions. 

Only one sale has a significant lot size difference. However, Respondent found that 

sales were not primarily driven by lot size. Respondent made adjustments for amenities 

that are different from the subject, including size of garage, fireplaces, and decks. 

Respondent did not find that fireplaces impacted sales prices, however they did adjust 

for deck size. 

 

 

14 The docket is located on the Tribunal’s website at Tax Docket Lookup Search Page and may be 

accessed by entering the docket number assigned to this case.

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MTT Docket No. 23-002232 

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The four sales are within same school district and are less than three miles away 

from the subject. After adjustments, all four sales needed less than 20% adjustment. 

Sales 2, 3, and 4, needed the least adjustment, so they were given most weight. 

Respondent’s assessor determined that the 2023 TCV was $170,000 under the sales 

approach. For 2024, that neighborhood had an increase of about 8.4%. Therefore, 

Respondent would increase the subject’s 2024 TCV to $184,000. 

 

 

The state sets the assessors’ sales parameters for the cost approach. 

Respondent disagrees with Petitioner’s assertion that there were not many sales. 

The Economic Condition Factor (ECF) studies for each year contained over 20 sales in 

those neighborhoods. 

 

 

As for depreciation, Respondent’s assessor responded to Petitioner’s challenge 

of the 64% depreciation rate. The assessor uses the CAMA system, and their 

depreciation tables are continually updated. A property’s depreciation is based on an 

effective age, which is based on observations at the inspection. 

 

 

As for Petitioner’s sales, Respondent’s assessor was not certain if Petitioner was 

using all twelve sales. Petitioner’s Sale 1 should not be considered because it was a 

destroyed house that sold for a discounted price of $57,000 based on condition. Sales 

2,3,4,5,6, and 7 are one-story houses. Sale 8 is a tri-level house. Sales 9 through 12 

are all one stories and not comparable. While Respondent’s adjustments are market 

based, several of Petitioner’s sales sold for higher prices and contradict his own trend 

analysis. The overall trend for prices in this neighborhood has been increasing. 

 

FINDINGS OF FACT 

 

The following facts were proven by a preponderance of the evidence: 

 

1. The subject property is located at 5511 Westchester Dr in Genesee County. 

2. The subject property is classified as Residential Improved. 

3. Petitioner purchased the subject property in 2021 for $140,000. 

4. The subject is a 1,680 SF tri-level home that was built in 1964. The exterior is 

brick and siding. It has one garage attached. There is no fireplace. The lot size 

is .25 acres. 

5. Petitioner submitted a valuation disclosure based on the sales comparison 

approach that considered 7 sales. 

a. 5507 Litchfield, sold on March 1, 2023, for $57,000. Petitioner adjusted 

the sale price to $62,500 based on evidence submitted with the petition.15 

Petitioner adjusted the sale price to $57,000 in the exhibit submitted on 

June 3, 2024.16 

b. 2104 Cambrian, sold on November 23, 2022, for $108,000. Petitioner 

adjusted the sale price to $114,000 based on evidence submitted with the 

 

15 Tax Docket Lookup, line 1. 

16 Tax Docket Lookup, line 16.

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MTT Docket No. 23-002232 

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petition.17 Petitioner adjusted the sale price to $103,000 in the exhibit 

submitted on June 3, 2024.18 

c. 5503 Westchester, sold on August 26, 2022, for $135,000. Petitioner 

adjusted the sale price to $133,000 based on evidence submitted with the 

petition.19 Petitioner adjusted the sale price to $127,000 in the exhibit 

submitted on June 3, 2024.20 

d. 5476 Westchester, sold on January 5, 2023, for $135,000. Petitioner 

adjusted the sale price to $148,000 based on evidence submitted with the 

petition.21 Petitioner adjusted the sale price to $131,000 in the exhibit 

submitted on June 3, 2024.22 

e. 5482 Meadowcrest, sold on October 15, 2021, for $160,000. Petitioner 

adjusted the sale price to $140,000 based on evidence submitted with the 

petition.23 Petitioner adjusted the sale price to $143,000 in the exhibit 

submitted on June 3, 2024.24 

f. 5411 Litchfield, sold on November 11, 2021, for $159,000. Petitioner 

adjusted the sale price to $152,900 based on evidence submitted with the 

petition.25 Petitioner adjusted the sale price to $145,900 in the exhibit 

submitted on June 3, 2024.26 

g. 5449 Meadowcrest, sold on April 13, 2022, for $155,000. Petitioner 

adjusted the sale price to $147,000 based on evidence submitted with the 

petition.27 Petitioner adjusted the sale price to $$134,000 in the exhibit 

submitted on June 3, 2024.28 

h. 5394 Westchester, sold on December 8, 2023, for $127,000. Petitioner 

adjusted the sale price to $119,500.29 

i. 5465 Meadowcrest, sold on July 26, 2023, for $124,000. Petitioner 

adjusted the sale price to $119,400.30 

j. 5383 Westchester, sold on February 5, 2024, for $185,000. Petitioner 

adjusted the sale price to $138,000.31 

k. 5450 Litchfield, sold on April 10, 2024, for $185,000. Petitioner adjusted 

the sale price to $144,500.32 

 

17 Tax Docket Lookup, line 1. 

18 Tax Docket Lookup, line 16. 

19 Tax Docket Lookup, line 1. 

20 Tax Docket Lookup, Line 17. 

21 Tax Docket Lookup, line 1. 

22 Tax Docket Lookup, line 17. 

23 Tax Docket Lookup, line 1. 

24 Tax Docket Lookup, Line 18. 

25 Tax Docket Lookup, line 1. 

26 Tax Docket Lookup, Line 18. 

27 Tax Docket Lookup, line 1. 

28 Tax Docket Lookup, Line 18. 

29 Tax Docket Lookup, line 16. 

30 Tax Docket Lookup, line 17. 

31 Tax Docket Lookup, line 19. 

32 Tax Docket Lookup, line 19.

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MTT Docket No. 23-002232 

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l. 5342 Elmsford, sold on October 23, 2023, for $179,000. Petitioner 

adjusted the sale price to $144,500. 33 

6. Respondent submitted a valuation disclosure based on the sales comparison 

approach of four sales that concluded with a TCV for the subject of $170,000 for 

2023. 

a. Sale 1, located at 5081 Calkins sold on July 14, 2023, for $213,500. 

Respondent adjusted the sales price to $168,491. 

b. Sale 2, located at 5282 Mapletree, sold on February 7, 2024, for 

$200,000. Respondent adjusted the sales price to $163,119. 

c. Sale 3, located at 6220 Lancaster, sold on April 8, 2022, for $180,000. 

Respondent adjusted the sales price to $200,820. 

d. Sale 4, located at 5411 Litchfield, sold on November 30, 2021, for 

$159,900. Respondent adjusted the sales price to $177,368. 

 

CONCLUSIONS OF LAW 

 

 

A proceeding before the Tax Tribunal is original, independent, and de novo.34 

The Tribunal's factual findings are to be supported by competent, material, and 

substantial evidence.35 

 

 

Further, “[i]t is the duty of the [T]ax [T]ribunal to select the approach which 

provides the most accurate valuation under the circumstances of the individual case.”36 

In doing so, the Tribunal shall consider the three most common approaches to valuation 

- the capitalization of income approach, the sales comparison or market approach, and 

the cost-less-depreciation approach.37 

 

Neither party raised any issue with respect to the highest and best use of the 

property by way of the testimony and evidence provided, and the Tribunal finds that 

there is no dispute that its highest and best use is continued use as residential property. 

 

All evidence submitted by both parties was considered in reaching a decision in 

this case. However, if specific evidence is not discussed in this section of the Opinion 

and Judgment, the presiding judge has determined that this evidence shall be given no 

weight or credibility. Only evidence determined to have relevance in reaching a 

decision in this case is discussed below. 

 

Petitioner “has the burden of proof in establishing the [TCV] of the property.”38 

“This burden encompasses two separate concepts: (1) the burden of persuasion, which 

does not shift during the course of the hearing, and (2) the burden of going forward with 

 

33 Tax Docket Lookup, line 19. 

34 MCL 205.735a(2). 

35 See Antisdale v City of Galesburg, 420 Mich 265, 277; 362 NW2d 632 (1984); Dow Chemical Co v 

Dep’t of Treasury, 185 Mich App 458, 462-463; 462 NW2d 765 (1990). 

36 Antisdale at 277; citing Pantlind Hotel Co v State Tax Comm, 3 Mich App 170; 141 NW2d 699 (1966). 

37 See Meadowlanes Ltd Dividend Housing Ass’n v City of Holland, 437 Mich 473, 484-485; 473 NW2d 

636 (1991); Pantlind Hotel Co, 3 Mich App 170. 

38 MCL 205.737(3).

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MTT Docket No. 23-002232 

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the evidence, which may shift to the opposing party.”39 Although the Tribunal has a duty 

to make an independent determination of value,40 the Michigan Court of Appeals has 

held that this duty “arises only when the petitioner has met its burden of going forward 

with evidence.”41 Therefore, “if a petitioner fails to come forward with competent 

evidence to challenge the assessed values of the property, then the tribunal's duty to 

make an independent determination of true cash value is not triggered.”42 Indeed, the 

Tribunal’s factual findings must be supported by competent, material, and substantial 

evidence.43 Thus, while the Tribunal may not “automatically accept a respondent’s 

assessment,”44 it may, upon motion or its own initiative, enter an involuntary dismissal if 

the petitioner fails to meet the burden of going forward.45 

 

“The ‘substantial evidence test’ has been defined as evidence which a reasoning 

mind would accept as sufficient to support a conclusion. While it consists of more than 

a mere scintilla of evidence it may be substantially less than a preponderance of the 

evidence.”46 “Competent evidence” has been defined as “that which the very nature of 

the thing to be proven requires . . . . ”47 The “thing to be proven” in this case is the TCV 

of the property at issue. TCV is defined as “the usual selling price at the place where 

the property to which the term is applied is at the time of assessment, being the price 

that could be obtained for the property at private sale, and not at auction sale except as 

otherwise provided in this section, or at forced sale.”48 TCV is traditionally determined 

using one of three widely accepted appraisal methods: cost, income, and market.49 

 

39 Jones & Laughlin, 193 Mich App at 354–55; 483 NW2d 416, 420 (1992). 

40 See Alhi Dev Co v Orion Twp, 110 Mich App 764, 767; 314 NW2d 479, 481 (1981). 

41 Dicastal N Am, Inc v City of Greenville, unpublished per curiam opinion of the Court of Appeals, issued 

August 22, 2024 (Docket No. 365333) citing Great Lakes Div of Nat'l Steel Corp, 227 Mich App 379, 408-

410; 576 NW2d 667, 680-681 (1998). 

42 Id. The Court further stated that it “will not assess the credibility of witnesses, and the determination of 

the weight to be given the evidence is within the Tax Tribunal’s discretion.” Id. (citations omitted). See 

also Country Meadows, GP v Macomb Twp, unpublished per curiam opinion of the Court of Appeals, 

issued April 1, 1997 (Docket No. 182305), wherein the Court held: “Plaintiffs cite Jones & Laughlin . . . . 

for the proposition that even when the plaintiff fails to meet his burden of proof, the tribunal must still 

make an independent determination of the true cash value of the property in question. However, unlike 

the plaintiff in Jones & Laughlin, in the present case plaintiffs did not meet their burden of going forward 

with evidence. Under the circumstances, the tribunal could not make an independent determination of 

the true cash value of the property because it had no evidence on which to base such a determination 

except that provided by defendant. A contrary holding would be tantamount to requiring the tribunal to 

hire its own appraiser.” Id. (citations omitted). 

43 See Antisdale v City of Galesburg, 420 Mich 265, 277; 362 NW2d 632 (1984). 

44 Jones & Laughlin, 193 Mich App at 355-356. 

45 See MCR 2.504(B)(2). See also Jones & Laughlin, 193 Mich App at 354-355 and Great Lakes v City of 

Ecorse, 227 Mich App at 408-410. 

46 Russo v Dep't of Licensing & Regul, 119 Mich App 624, 631; 326 NW2d 583, 587 (1982). See also 

Dow Chem Co v Dep't of Treasury, 185 Mich App 458; 462 NW2d 765 (1990). 

47 Goff v Bil–Mar Foods, Inc (After Remand), 454 Mich 507, 514 n 5; 563 NW2d 214 (1997), overruled on 

other grounds in Mudel v Great Atl & Pac Tea Co, 462 Mich 691; 614 NW2d 607 (2000), quoting Black's 

Law Dictionary (6th ed). See also Moore v Prestige Painting, 277 Mich App 437; 745 NW2d 816 (2007). 

48 MCL 211.27(1). 

49 Meadowlanes Ltd Dividend Housing Ass'n v City of Holland, 437 Mich 473, 485; 473 NW2d 636 (1991).

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MTT Docket No. 23-002232 

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“Variations of these approaches and entirely new methods may be useful if found to be 

accurate and reasonably related to the fair-market value of the subject property.”50 

 

 

In this case, there is no evidence that this property is used for income generation, 

therefore it is not an appropriate approach for this property for the years at issue. 

 

Cost Approach 

 

 

TCV is generally determined using one of three widely accepted appraisal 

methods: cost, income, and market.51 Respondent calculated the subject property’s 

assessment using the mass appraisal, cost-less-depreciation approach to value, which 

includes market adjustments through the use of a county multiplier and an ECF. 

Although this approach is lawful and generally mandated for assessment purposes,52 it 

is most applicable to newly constructed properties.53 It “can sometimes be applied to 

older properties given adequate data to measure depreciation,” but “investors or 

purchasers of older buildings . . . may be more concerned about expenditures that they 

will need to make after the purchase to make the property suitable to their needs than 

they are by the calculation of replacement or reproduction cost and depreciation.”54 

Further, “when improvements are considerably older or do not represent the highest 

and best use of the land as though vacant, the physical deterioration, functional 

obsolescence, and external obsolescence may be more difficult to estimate.” 55 The 

cost approach also requires that land value be well supported and Respondent did not 

provide the land sale studies used in its valuation of the subject property in this case.56 

The Supreme Court has also recognized that “while actual and reproduction cost are 

some evidence of value, the constitutional and statutory standard is market-based,”57 

and “the market approach is the only valuation method that directly reflects the balance 

of supply and demand for property in marketplace trading.”58 Respondent’s valuation 

disclosure does not rely on the cost approach. Given the subject’s age, there is good 

reason to not apply this approach for the year at issue. 

 

 

While Petitioner did not develop a valuation disclosure based on the cost 

approach either, Petitioner makes several arguments about the accuracy of the PRC.59 

First, Petitioner argues that the Township depreciation for a home built in 1964 (55 

years old) should be 45% rather than the 64% set by the assessor. Petitioner provides 

copies of an outdated version of the Assessor’s Manual that provides for an explanation 

of depreciation and a depreciation schedule for residences that was copyrighted in 

 

50 Id. 

51 Meadowlanes Ltd Dividend Housing Ass'n v City of Holland, 437 Mich 473, 485; 473 NW2d 636 (1991). 

52 See MCL 211.10e and State Tax Commission, Michigan Assessors Manual, Vol. I-III. 

53 “Because cost and market value are usually more closely related when improvements are new, the cost 

approach is more important in estimating the market value of new or relatively new construction.” 

Appraisal Institute, The Appraisal of Real Estate (Chicago: Appraisal Institute, 15th ed. 2020) p. 530. 

54 Id. 

55 Appraisal Institute, The Appraisal of Real Estate (Chicago: Appraisal Institute, 15th ed. 2020) p. 531. 

56 Id. 

57 First Fed Sav & Loan Ass'n of Flint v City of Flint, 415 Mich 702, 705; 329 NW2d 755, 757 (1982). 

58 Jones & Laughlin, 193 Mich App at 353-354. 

59 Tax Docket Lookup, line 20.

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2003.60 The current Assessors Manual was copyrighted in 2014. Petitioner’s data and 

source material are out of date and are given no weight. However, as stated in the 

current Assessors Manual, depreciation and percentage good are based on more than 

just a building’s age. 

 

Appraisal depreciation is defined as a loss in value resulting from physical 

deterioration, functional obsolescence and economic obsolescence. These 

three categories of depreciation are defined in the appraisal theory section 

of Volume III of the manual. However, there are many times when the 

appraiser will estimate total depreciation directly, instead of, or as a check 

against, the results found by estimating each category separately.61 

 

A 64% value was used instead of a 45% value recommended by the State of Michigan. 

The Assessors Manual also instructs that: 

 

The appraiser is to recognize exceptional maintenance, remodeling, 

replacements and additions in adjusting the % condition from that listed in 

this table to the actual observed condition. Exceptionally poor maintenance 

is also to be recognized.62 

 

Beyond age, Petitioner has not provided persuasive evidence on the maintenance and 

observed conditions of the home to justify lowering the depreciation from 64% to 45%. 

 

 

Further, Petitioner provides a number of challenges on the square foot rates 

used by the assessor. However, Petitioner proffers an outdated cost manual that was 

copyrighted in 2003, rather than referring to the current cost manual – which account for 

the perceived errors.63 Petitioner’s arguments are not persuasive and the evidence on 

square foot rates is given no weight. 

 

Sales Comparison Approach 

 

 

The parties presented sales to support their valuations assertions. “The sales 

comparison approach is most useful when a number of similar properties have recently 

been sold or are currently for sale in the subject property’s market.”64 

 

Tax Year 2023 

 

 

Petitioner proffered twelve sales from November 2021 to April 2024. Petitioner 

adjusted each of the sales. However, the adjustments to some of the sales changed 

between their submission with the Petition and the submission of evidence for the 

hearing. Petitioner did not provide any support for their adjustments to the sales prices. 

 

60 Tax Docket Lookup, line 31. 

61 State of Michigan, Assessors Manual: Volume I Residential, p 22. 

62 Id. at 23. 

63 https://www.michigan.gov/treasury/-/media/Project/Websites/treasury/STC/Assessors-Manual/Vol-

1/5_2014_Michigan_Assessors_Manual_Volume_I_Class_C_575750_7.pdf 

64 The Appraisal of Real Estate at 36.

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MTT Docket No. 23-002232 

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Further, while each of the sales have features that are either superior or inferior to the 

subject property, Petitioner appears to only adjust when the properties are superior (to 

lower the adjusted sale price) and ignores those features where the subject is inferior 

and would require an increased adjustment. Further, many of the adjustments are 

internally inconsistent. For instance, the subject has a total finish square footage of 

1,632 SF, but the adjustments do not bare any discernable relationship with the 

difference in size with the subject or compared to the other sales. 

 

Sale 

Date of Sale 

Square 

Footage

Sale Price 

Adjustment 

2104 Cambrian

November 23, 2022

2,400 SF

$108,000

$0

5324 Elmsford

October 23, 2023

1,937 SF

$179,000

($13,500)

5449 Meadowcrest

April 13, 2022

1,842 SF

$155,000

($5,000)

5482 Meadowcrest

October 15, 2021

1,550 SF

$160,000

($3,000)

5450 Litchfield

April 10, 2024

1,754 SF

$185,000

($18,500)

5411 Litchfield

November 30, 2021

1,755 SF

$159,900

($2,000)

5383 Westchester

February 5, 2024

2,144 SF

$185,000

($18,500)

5503 Westchester

August 26, 2022

1,534 SF

$135,000

($3,000)

5507 Litchfield

March 1, 2023

1,731 SF

$57,000

($0)

 

Most striking is the comparison of the two properties located at 5450 Litchfield and 5411 

Litchfield differ by one square foot, yet one is adjusted by $18,500 and the other is 

adjusted by $2,000. Two other properties, that are inferior to the subject and require an 

upward adjustment, were also inconsistent. 

 

5476 Westchester

January 5, 2023

1,002 SF

$135,000

$0

5465 Meadowcrest

July 26, 2023

1,114 SF

$124,900

$1,500

5394 Westchester

December 8, 2023

1,030 SF

$127,000

$2,000

 

Petitioner also made inappropriate adjustments for personal property like a pool table 

(5383 Westchester) and hot tub (5324 Elmsford). Petitioner’s adjustments are not 

credible or persuasive. Therefore, Petitioner’s adjustments to the sale prices are not 

given any weight. 

 

 

Next, Petitioner presents trend analysis for the periods 2021-2024 based on the 

sale prices of a few selected sales.65 This data is insufficient to establish a market trend 

for the area, township, or any other geographic area. Each individual sale has sale 

prices that reflect their individual characteristics. Petitioner has not provided adequate 

data or a persuasive analysis that supports their contention that property values are 

decreasing. Even if Petitioner’s trend data was accurate, Petitioner made no time 

adjustments to their comparable sale prices. To make no time adjustment to the sales 

is the same as arguing that the residential housing market did not change during this 

period of time. Respondent rebutted Petitioner’s trend analysis by finding that the 

residential property market was increasing at a rate of approximately 8%. Respondent’s 

 

65 Tax Docket Lookup, line 22-25.

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MTT Docket No. 23-002232 

Page 12 of 15 

 

trend analysis is stronger, based on more competent data, and more convincing. The 

Tribunal gives Petitioner’s trend data no weight. 

 

 

Further, the Tribunal finds that several of the sales have issues that bar their 

consideration. First, the sale at 5507 Litchfield, which Petitioner described as a “strange 

sale” appears to be an outlier with all other sales by as much as $100,000 or more. 

Respondent’s assessor testified that this sale involved a house that was in very poor 

condition. The Tribunal give this sale no weight because it suffers from condition 

defects. Next, several sales are well outside the valuation period for tax years 2023 and 

2024. The sales that took place in 2021 are too far removed to be relevant for this 

case. Therefore, the Tribunal gives the 2021 sales no weight. Further, the sale for 

5383 Westchester and 5450 Litchfield, which both sold in 2024, are too far removed 

from the tax day of December 31, 2022. Last, the subject is 1,600 SF, which is 

significantly larger than the three of the sales that ranged between 1,002 SF and 1,114 

SF, so those sales are given no weight. This leaves the following sales. 

 

Sale 

Date of Sale 

Square 

Footage

Sale Price 

5324 Elmsford

October 23, 2023

1,937 SF

$179,000

5449 Meadowcrest

April 13, 2022

1,842 SF

$155,000

5503 Westchester

August 26, 2022

1,534 SF

$135,000

 

The best these comparables can suggest is that the subject’s TCV is between $135,000 

and $179,000. While the sale on Elmsford is larger than the subject, it may be inferior 

in other respects. The Elmsford sale represents the top of the market for the subject. 

While Petitioner has provided some credible sales that could compare to the subject, 

these do not support Petitioner’s contention that the subject is worth $131,000. 

 

 

Respondent presented four sales that took place between November 30, 2021, 

and February 7, 2024. Respondent made significant adjustments for time of sale, as 

well as for size of living area, air conditioning, garage size, and deck/balconies. 

However, just as with Petitioner’s evidence, Respondent selected sales that are too old 

to be considered for this appeal. The Tribunal places no weight in the Sale 4, which 

took place in 2021. Further, Sale 2 took place in February 2024, which is too far 

removed for consideration, so that sale is also given no weight. 

 

 

This leaves Sales 1 and 3. Sale 1, located at 5081 Calkins sold on July 14, 

2023, for $213,500. It has an adjusted sale price of $168,491. While Petitioner object 

to the use of this sale, Respondent has made appropriate adjustments for the 

differences with the subject. Sale 3, located at 6220 Lancaster, sold on April 8, 2022, 

for $180,000. It has an adjusted sale price of $200,820.

Page 13

MTT Docket No. 23-002232 

Page 13 of 15 

 

Tax Year 2024 

 

 

Petitioner requested that the 2024 tax year to be severed from this case because 

they did not have evidence for that year. Respondent objected, stating that they were 

presenting evidence that could be used to support the assessment for that tax year. 

Respondent’s valuation disclosure only provides an explicit declaration of TCV for tax 

year 2023. Petitioner has provided sales with relevant dates that could be used to value 

the subject as of December 31, 2023. The unadjusted sale prices for the three relevant 

sales that Petitioner proffered range between $135,000 and $179,000. Respondent’s 

sales for 2023 and 2024 range between $168,491 and $200,820 (adjusted sale prices). 

Petitioner’s sales represent the bottom end of values for comparable properties in this 

neighborhood whereas Respondent’s represent the top end of values for the same. The 

parties have an overlap with sales that range between $168,491 to $179,000. 

 

 

With that said, neither party has provided the original assessment values for 

2024, nor has either party provided valuation disclosures that specifically address their 

assertions of TCV for 2024. The Tribunal lacks the appropriate information from either 

party to make an independent determination of TCV for 2024. Therefore, 2024 will be 

severed for further proceedings at a later date. 

 

Reconciliation of Value 

 

 

Petitioner has failed to meet their burden of proof that the TCV of the subject 

property is $131,200 for 2023. Respondent has provided credible and persuasive 

evidence under the sales comparison approach that the TCV is $170,000. Though it 

reflects a significant increase over the value indicated by the original assessment, the 

mass appraisal cost methodology used to calculate the original assessment is not as 

persuasive as the market approach presented here.66 “The market approach is the only 

valuation method that directly reflects the balance of supply and demand for property in 

marketplace trading.”67 

 

JUDGMENT 

 

IT IS ORDERED that the 2024 tax year shall be SEVERED and assigned Docket No. 

24-004246. 

 

IT IS FURTHER ORDERED that the property’s SEV and TV for the 2023 tax year at 

issue shall be as set forth in the Summary of Judgment section of this Final Opinion and 

Judgment. 

 

 

66 “Because cost and market value are usually more closely related when improvements are new, the cost 

approach is more important in estimating the market value of new or relatively new construction . . . . [It] 

can sometimes be applied to older properties given adequate data to measure depreciation.” Appraisal 

Institute, The Appraisal of Real Estate (Chicago: Appraisal Institute, 15th ed. 2020) p. 530.. 

67 Jones & Laughlin, 193 Mich App at 353-354.

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MTT Docket No. 23-002232 

Page 14 of 15 

 

IT IS FURTHER ORDERED that the officer charged with maintaining the assessment 

rolls for the tax year(s) at issue shall correct or cause the assessment rolls to be 

corrected to reflect the property’s TCV and TV within 20 days of entry of this Final 

Opinion and Judgment, subject to the processes of equalization.68 To the extent that 

the final level of assessment for a given year has not yet been determined and 

published, the assessment rolls shall be corrected once the final level is published or 

becomes known. 

 

IT IS FURTHER ORDERED that the officer charged with collecting or refunding the 

affected taxes shall collect taxes and any applicable interest or issue a refund within 28 

days of entry of this Final Opinion and Judgment. If a refund is warranted, it shall 

include a proportionate share of any property tax administration fees paid and penalty 

and interest paid on delinquent taxes. The refund shall also separately indicate the 

amount of the taxes, fees, penalties, and interest being refunded. A sum determined by 

the Tribunal to have been unlawfully paid shall bear interest from the date of payment to 

the date of judgment, and the judgment shall bear interest to the date of its payment. A 

sum determined by the Tribunal to have been underpaid shall not bear interest for any 

time period prior to 28 days after the issuance of this Final Opinion and Judgment. 

Pursuant to MCL 205.737, interest shall accrue (i) after December 31, 2013, through 

June 30, 2016, at the rate of 4.25%, (ii) after June 30, 2016, through December 31, 

2016, at the rate of 4.40%, (iii) after December 31, 2016, through June 30, 2017, at the 

rate of 4.50%, (iv) after June 30, 2017, through December 31, 2017, at the rate of 

4.70%, (v) after December 31, 2017, through June 30, 2018, at the rate of 5.15%, (vi) 

after June 30, 2018, through December 31, 2018, at the rate of 5.41%, (vii) after 

December 31, 2018, through June 30, 2019, at the rate of 5.9%, (viii) after June 30, 

2019, through December 31, 2019, at the rate of 6.39%, (ix) after December 31, 2019, 

through June 30, 2020, at the rate of 6.40%, (x) after June 30 2020, through December 

31, 2020, at the rate of 5.63%, (xi) after December 31, 2020, through June 30, 2022, at 

the rate of 4.25%, (xii) after June 30, 2022, through December 31, 2022, at the rate of 

4.27%, (xiii) after December 31, 2022, through June 30, 2023, at the rate of 5.65%, (xiv) 

after June 30, 2023, through December 31, 2023, at the rate of 8.25%, (xv) after 

December 31, 2023, through June 30, 2024, at the rate of 9.30%, (xvi) after June 30, 

2024, through December 31, 2024, at the rate of 9.50%, and (xvii) after December 31, 

2024, through June 30, 2025, at the rate of 9.47%. 

 

This Final Opinion and Judgment resolves all pending claims in this matter and closes 

this case. 

APPEAL RIGHTS 

If you disagree with the final decision in this case, you may file a motion for 

reconsideration with the Tribunal or a claim of appeal with the Michigan Court of 

Appeals. 

 

A motion for reconsideration must be filed with the Tribunal with the required filing fee 

within 21 days from the date of entry of the final decision. Because the final decision 

 

68 See MCL 205.755.

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MTT Docket No. 23-002232 

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closes the case, the motion cannot be filed through the Tribunal’s web-based e-filing 

system; it must be filed by mail or personal service. The fee for the filing of such 

motions is $50.00 in the Entire Tribunal and $25.00 in the Small Claims Division, unless 

the Small Claims decision relates to the valuation of property and the property had a 

principal residence exemption of at least 50% at the time the petition was filed or the 

decision relates to the grant or denial of a poverty or disabled veterans exemption and, 

if so, there is no filing fee. You are required to serve a copy of the motion on the 

opposing party by mail or personal service or by email if the opposing party agrees to 

electronic service, and proof demonstrating that service must be submitted with the 

motion. Responses to motions for reconsideration are prohibited and there are no oral 

arguments unless otherwise ordered by the Tribunal. 

 

Alternatively, you may file a claim of appeal with the Michigan Court of Appeals. If the 

claim is filed within 21 days of the entry of the final decision, it is an “appeal of right.” If 

the claim is filed more than 21 days after the entry of the final decision, it is an “appeal 

by leave.” A copy of the claim of appeal must be filed with the Tribunal to certify the 

record on appeal. There is no certification fee. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

By _______________________________________ 

 

Date Entered by Tribunal: February 26, 2025 

 

 

PROOF OF SERVICE 

 

I certify that a copy of the foregoing was sent on the entry date indicated above to the 

parties or their attorneys or authorized representatives, if any, utilizing either the mailing 

or email addresses on file, as provided by those parties, attorneys, or authorized 

representatives. 

 

By: Tribunal Clerk

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