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24-003829 Exemption.pdf

Township Of Marion, Petitioner V City Of Howell, Respondent · 24-003829-TT

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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 

 

Marion Township, 

MICHIGAN TAX TRIBUNAL 

 

Petitioner, 

SMALL CLAIMS DIVISION 

 

v 

 

MTT Docket No. 24-003829 

 

City of Howell, 

 

Case Type: Exemption 

Respondent. 

 

 

 

PROPOSED OPINION AND JUDGMENT 

 

Personnel Presiding: 

 

 

Kari L. Miles, Administrative Law Judge 

Location of Hearing: 

 

 

Telephone 

Hearing Held on: 

 

 

 

October 15, 2025 

Appearances on Behalf of Petitioner: 

Matt Dedes and Robert Hanvey 

Appearances on Behalf of Respondent: Peter Augostino 

 

PROPOSED JUDGMENT 

 

The subject properties shall not be granted an exemption under MCL 211.7m for the 

2024 and 2025 tax years. 

 

The subject properties’ taxable value (TV) for the tax years at issue shall be as follows: 

 

 

Parcel Number: 4717-01-200-004 

Year

TV

2024

$205,800

2025

$212,179

 

 

Parcel Number: 4717-01-200-005 

Year

TV

2024

$109,900

2025

$113,306

 

PROCEDURAL HISTORY 

 

Petitioner applied to the 2024 March Board of Review (BOR) for an exemption under 

MCL 211.7m. 

 

Petitioner filed a petition with the Tribunal on July 29, 2024, and Respondent filed an 

answer on December 3, 2024.

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MTT Docket No. 24-003829 

Page 2 of 7 

 

The amount of 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 issue in this matter is whether Petitioner’s property qualifies for a property tax 

exemption pursuant to MCL 211.7m. 

 

The petitioner must prove, by a preponderance of the evidence, that it is entitled to an 

exemption.3 

 

MCL 211.7m provides, in relevant part: 

 

Property owned by, or being acquired pursuant to, an installment 

purchase agreement by a county, township, city, village, or school district 

used for public purposes and property owned or being acquired by an 

agency, authority, instrumentality, nonprofit corporation, commission, or 

other separate legal entity comprised solely of, or which is wholly owned 

by, or whose members consist solely of a political subdivision, a 

combination of political subdivisions, or a combination of political 

subdivisions and the state and is used to carry out a public purpose itself 

or on behalf of a political subdivision or a combination is exempt from 

taxation under this act. . . . 

 

SUMMARY OF EVIDENCE 

 

A. Petitioner’s Evidence 

 

Petitioner’s Contention of TV: 

 

Parcel Number: 4717-01-200-004 

Year

TV

2024

$0

2025

$0

 

 

Parcel Number: 4717-01-200-005 

Year

TV

2024

$0

2025

$0

 

 

1 See MCL 205.762(1). 

2 See MCL 205.737(5)(b). 

3 See ProMed Healthcare v Kalamazoo, 249 Mich App 490; 644 NW2d 47 (2002).

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MTT Docket No. 24-003829 

Page 3 of 7 

 

The exhibits offered by Petitioner may be viewed on lines 1 and 28 of the docket 

maintained in this case.4 

 

No exhibits were excluded from evidence. 

 

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

 

These properties were purchased by the Township for the public purpose of protecting 

the Township sewer and water systems REUs (taps assigned to the property) from 

purchase by a speculator at Michigan Tax Sale. 

 

After the REUs were assigned to the properties by the Township, the 

properties were transferred into the City of Howell under an existing Act 

425 agreement. The Township REUs were subject to a twenty-year 

Special Assessment that still had several years of payments remaining, 

but due to the change of jurisdiction the Township could no longer assess 

the unpaid REU fees on the taxes. 

 

If the properties were purchased at tax sale by a private party, the past 

due balance would have been extinguished and remaining payments 

would be uncertain. 

 

The Act 425 agreement provided for a waiver of capital charges for up to 

400 sewer REUs if the property came into the City. The City has disputed 

that claim and we are still negotiating a resolution. As soon as we resolve 

the issue with the sewer REUs and the right to capital charges with the 

City, the Township will determine the next steps with regards to the 

property’s continued ownership by the Township and potential future uses. 

At this point, the property is being held by the Township for a public 

purpose and is not listed or marketed for sale.5 

 

Petitioner’s representative testified that the subject properties were in the township 

when the special assessments for sewer and water were assigned. The prior owners 

made installment payments and exercised their option under the 425 agreement and 

transferred the properties to Respondent with several installment payments remaining. 

Petitioner purchased both properties to preserve the integrity of the special 

assessments. Petitioner could not sell the properties while there was a disagreement 

over the 425 agreement. In late 2024, an agreement was reached with Respondent, 

and Petitioner began marketing the properties for sale. 

 

Respondent claims the 425 agreement was terminated by the foreclosure sale, but 

Petitioner’s position is that the 425 agreement is not extinguished by foreclosure. The 

 

4 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. 

5 Petition.

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MTT Docket No. 24-003829 

Page 4 of 7 

 

subject properties were exempt for many years and then two years ago Respondent 

decided to remove the exemption. 

 

Petitioner’s representative further stated that both properties are vacant. The public 

purpose is to preserve the integrity of the special assessments and not lose the levy if 

the properties went to tax sale. 

 

B. Respondent’s Evidence 

 

The properties’ TV as confirmed by the BOR for the tax years at issue: 

 

Parcel Number: 4717-01-200-004 

Year

TV

2024

$205,800

2025

$212,179

 

 

Parcel Number: 4717-01-200-005 

Year

TV

2024

$109,900

2025

$113,306

 

The exhibits offered by Respondent may be viewed on lines 5 and 6 of the docket 

maintained in this case.6 

 

No exhibits were excluded from evidence. 

 

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

there is no public purpose taking place at the subject properties. 

 

Respondent’s representative testified that both parcels were added to the roll in 2024. 

The assessor took over in 2023 and reviewed all exemptions in the city. Under MCL 

211.7m Petitioner is not serving any public purpose. The March BOR did reduce the 

value but did not grant the exemption. 

 

The Act 425 agreement states that when parcels come into the city, the city must pay 

1.28 mills back to the township. The 425 agreement that is in place is still being 

followed. 

 

Petitioner purchased Parcel No. 4717-01-200-005 on September 29, 2010, and Parcel 

Number 4717-01-200-004 was purchased November 24, 2014. 

 

 

 

 

 

6 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. 24-003829 

Page 5 of 7 

 

FINDINGS OF FACT 

 

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

 

1. Parcel No. 4717-01-200-004 and Parcel No. 4717-01-200-005 are vacant land 

located on Lucy Road, Livingston County. 

2. The subject properties are classified as residential. 

3. Petitioner is the owner of the subject properties. 

4. The 2024 March BOR denied Petitioner’s request for exemption. 

5. The subject properties were transferred into the City of Howell under an Act 425 

agreement (MCL 124.21 – 124.30). 

6. The subject properties were under a twenty-year special assessment with 

several years of payments remaining. 

7. Petitioner and Respondent were disputing the terms of the Act 425 agreement. 

8. Petitioner purchased Parcel No. 4717-01-200-005 on September 29, 2010, and 

Parcel Number 4717-01-200-004 was purchased November 24, 2014. 

9. Petitioner’s stated public purpose is to preserve the integrity of the special 

assessment on the subject properties. 

 

CONCLUSIONS OF LAW 

 

The following authority and reasoned opinion supports the Tribunal’s determination: 

 

The General Property Tax Act provides that “all property, real and personal, within the 

jurisdiction of this state, not expressly exempted, shall be subject to taxation.”7 It is also 

well-settled that a petitioner seeking a tax exemption bears the burden of proving, by a 

preponderance of the evidence, that it is entitled to the exemption.8 Neither the Act 425 

agreement nor the special assessments are at issue in this appeal; the sole issue is 

Petitioner’s claim for exemption under MCL 211.7m for the 2024 and 2025 tax years. 

 

MCL 211.7m states: 

 

Property owned by, or being acquired pursuant to, an installment 

purchase agreement by a county, township, city, village, or school district 

used for public purposes and property owned or being acquired by an 

agency, authority, instrumentality, nonprofit corporation, commission, or 

other separate legal entity comprised solely of, or which is wholly owned 

by, or whose members consist solely of a political subdivision, a 

combination of political subdivisions, or a combination of political 

subdivisions and the state and is used to carry out a public purpose 

itself or on behalf of a political subdivision or a combination is exempt from 

taxation under this act. . . . [Emphasis added.] 

 

 

7 MCL 211.1. 

8 See ProMed Healthcare v Kalamazoo, 249 Mich App 490, 492; 644 NW2d 47 (2002).

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MTT Docket No. 24-003829 

Page 6 of 7 

 

Because there is no dispute that Petitioner is a township and owns the subject 

properties, the sole issue before the Tribunal is whether the subject properties are used 

for a public purpose. “Public purpose” is not defined in the statute. In City of Mt 

Pleasant v State Tax Commission, the Michigan Supreme Court cited previous 

determinations that “a ‘public purpose’ promotes ‘public health, safety, morals, general 

welfare, security, prosperity, and contentment of all the inhabitants or residents within 

the municipal corporation. . . .’”9 Whatever the public purpose, a present use, and not a 

future intended use, is a necessary prerequisite to exemption under MCL 211.7m: 

 

The language chosen by the Legislature indicates that to be tax-exempt, 

the property must be ‘used for public purposes.’ MCL 211.7m (emphasis 

added). Thus, during each tax year in question, the city must have made 

a present use of the land that qualifies as a ‘public purpose’ so that the 

city will have ‘used’ the land for that purpose. While this inquiry is, of 

course, fact-intensive, the court must consider what steps the city has 

taken to move from merely holding the land to actually using it for a public 

purpose.10 

 

Accordingly, Petitioner’s intent with respect to use of the property is irrelevant. It is 

Petitioner’s actual use of the property during the tax years at issue that determines its 

eligibility for exemption. The Tribunal finds that Petitioner has failed to establish an 

actual use of the subject vacant land that meets the criteria of a public purpose under 

MCL 211.7m. First, Petitioner’s stated public purpose is preserving the integrity of the 

special assessments on the subject properties. Petitioner has failed to put forth any 

argument or cite any authority that such use meets the definition of “public purpose” 

established by the Michigan Supreme Court. Second, even assuming that preserving 

the integrity of the special assessments meets the definition of a public purpose, 

Petitioner has failed to establish that it has taken any steps “from merely holding the 

land” to using it for a public purpose. Rather, Petitioner acquired the subject properties 

and held them without making any present use, while the dispute over the 425 

agreement with Respondent was ongoing. Petitioner’s representative testified that once 

the disagreement was resolved, the properties have been listed for sale. Given that 

Petitioner has failed to establish a public purpose or a present use of the properties for 

any public purpose as of the applicable tax days, the Tribunal finds that Petitioner is not 

entitled to exemption under MCL 211.7m for the 2024 or 2025 tax years. 

 

JUDGMENT 

 

This is a proposed decision and not a final decision. As such, no action should be taken 

based on this decision. 

 

After the expiration of the time period for the opposing party to file a response to the 

exceptions, the Tribunal will review the case file, including the Proposed Opinion and 

Judgment (POJ) and all exceptions and responses, if any, and: 

 

9 477 Mich 50, 54; 729 NW2d 833, 835 (2007). 

10 Id.

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MTT Docket No. 24-003829 

Page 7 of 7 

 

a. Issue a Final Opinion and Judgment (FOJ) adopting the POJ as a Final 

Decision; 

b. Issue an FOJ modifying the POJ and adopting the Modified POJ as a Final 

Decision; or 

c. Issue an Order vacating the POJ and ordering a rehearing or such other 

action as is necessary and appropriate. 

 

EXCEPTIONS 

 

The parties have 20 days from the “Entered” date below to notify the Tribunal in writing, 

by mail or by electronic filing, if they do not agree with the POJ and to state in writing 

why they do not agree with the POJ (i.e., file exceptions to the POJ). Exceptions must 

be signed and are limited to the evidence submitted prior to or at the hearing and any 

matter addressed in the POJ. There is no fee for filing exceptions. 

 

Parties must provide the opposing party with a copy of their exceptions and file proof of 

service with the Tribunal (i.e., submit a written statement indicating that the opposing 

party has been provided or “served” with a copy of the exceptions). Service on the 

opposing party can be made by mail, or if agreed to by the parties, by electronic service 

(i.e., email). The proof of service must be signed. 

 

The opposing party has 14 days from the date the exceptions are served on that party 

to file a written response with the Tribunal. Responses to exceptions must be signed. 

Parties must provide the opposing party with a copy of their response to the exceptions 

and file a signed proof of service with the Tribunal. 

 

If the parties fail to sign their exceptions or responses, or if they fail to submit a signed 

proof of service for the exceptions and/or responses, the Tribunal may not consider the 

exceptions or responses in issuing the FOJ. 

 

 

 

 

 

 

 

 

By _________________________________ 

Entered: December 12, 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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