Petition to Entire Tribunal.2025.05-30.pdf
North Branch Real Estate Holdings, Petitioner Vs. Township Of North Branch, Respondent · 25-001969-TT
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| STATE OF MICHIGAN DEPARTMENT OF LABOR AND ECONOMIC GROWTH MICHIGAN TAX TRIBUNAL NORTH BRANCH REAL ESTATE HOLDINGS, Petitioner, MTT Docket No. Vv. TOWNSHIP OF NORTH BRANCH, Respondent. TIMOTHY W. DENNEY P39990 MARK A. LEICHLITER P72123 Rickard, Denney, Leichliter, Childers & Bosch Attorneys for Petitioner 110 N. Saginaw Street, Ste. 1 Lapeer, MI 48446 (810) 664-0750 tdenney@twdpclaw.com mleichliter@twdpclaw.com Rickard, Denney, Leichliter, Childers PETITION TO ENTIRE TRIBUNAL NOW COMES, Petitioner, North Branch Real Estate Holdings, by and through its attorneys, Rickard, Denney, Leichliter, Childers & Bosch, and for its Petition to Entire Tax Tribunal, states as follows: 1. Petitioner North Branch Real Estate Holdings, a Michigan limited liability company, whose principal office is 3620 Van Dyke Road, Almont, MI 48003, is the property owner of certain commercial property located in North Branch Township, more specifically described as property tax identification # 44-016-006-021-01 (a/k/a 016-006- 021-01) (more commonly described as the following address: 6674 Rogers Drive, North Branch, MI 48461) (hereafter the “Subject Property”); Petitioner’s email, address, and phone number are: c/o Attorney Timothy Denney, Rickard, Denney, Leichliter, Childers & Bosch, 110 N. Saginaw Street, Suite 1, Lapeer, MI 48446, Phone: (810) 664-0750, Email: tdenney@twdpclaw.com.
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Rickard, Denney, Leichliter, Childers 3. The Subject Property is located in North Branch Township, Lapeer County, Michigan. 4. This Petition involves issues relating to the valuation, assessment, Taxable Value, and State Equalized Value of the Subject Property and this appeal concerns Tax Year 2025 (based on tax day valuation as of December 31, 2024). 5. For the 2025 tax year assessment (based on a tax day December 31, 2024, North Branch Township assessed the property as follows: Tax year Taxable Value Assessed Value | True Cash Value (SEV) 2025 $714,400 $792,400 $1,584,800 | Exhibit 1 — Notice of Assessment. 6. The amount in dispute, as to Taxable Value is $454,960, as to Assessed Value (SEV): $532,960, and as to True Cash Value is $1,065,922. 7. Petitioner protested the Taxable Value and SEV assessment at the North Branch Township Board of Review on or about March 11, 2025 and the Board of Review refused to make any adjustment in the assessments; however, because the Subject Property was tax-classified “Commercial” (see Exhibit 1), no protest to the Board of Review was required to appeal this matter, as per MCL 205.735a(4)(a). 8. The Subject Property is not subject to “government regulatory agreements” nor government “subsidiary,” as those terms are used in R 233(3)(iv). | 9. The design and present use of the Property was and is as an assisted-living facility. 10. The Notice of Assessment being appealed is attached hereto as Exhibit 1. 11. There is no dispute as to an “addition” or “loss.” 12. Petitioner disputes the assessment for several reasons: a. The property assessment exceeds 50% of the True Cash Value of the Property.
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Rickard, Denney, Tax year Assessed Value | Taxable Value True Cash Value (SEV) 2025 $259,439 $259,439 $518,878 RELIEF REQUESTED WHEREFORE, Petitioner requests that the Assessed Value (SEV) assessment, Taxable Value assessment, and True Cash Value be reduced appropriately and that Petitioner be made whole for any monies overpaid due to excessive assessment and valuation, including costs and statutory interest. Date: May g Cron Respectfully submitted, RICKARD, DENNEY, LEICHLITER, CHILDERS & BOSCH by | TC Timothy W. Denney (P39990) Attorney for Petitioner Nott Holdings 110 N. Saginaw St., Suite 1 Lapeer, MI 48446 Phone: (810) 664-0750 ranch Real Estate Email: tdenney@twdpclaw.com
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Rickard, Denney, Leichliter, Childers | i | VERIFICATION AFFIDAVIT | STATE OF MICHIGAN ~~) | ) ss | COUNTY OF LAPEER ) James A. Novak Jr., the Sole Member of North Branch Real Estate Holdings, a Michigan limited liability company, being first duly sworn, on oath deposes and says that: 1. This affidavit is based on my personal knowledge and, if sworn as a witness, I can competently testify to the facts stated herein. 2. I have read the attached Petition to Entire Tribunal and it is true and accurate to the best of my knowledge, information and belief. NORTH BRANCH REAL ESTATE HOLDINGS, a Michigan limited liability company AT es A. Novak Jr. s: Sole Member | STATE OF MICHIGAN ~~) ) ss | COUNTY OF LAPEER ) A Acknowledged before me in Lapeer County, Michigan, on this 30 ~ day of May, [2025 by James A. Novak Jr., the Sole Member of North Branch Real Estate Holdings, Michigan limited liability company. ort iie Clary stem Notary Public
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EXHIBIT 1
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Toro we r0zey THIS IS NOT A TAX BILL L-4400 Notice of Assessment, Taxable Valuation, and Property Classification hia form 13 issued undor the authority of P.A. 208 of 185, Sec. 211.24 (c) and Sec.211.342, as amended, This is a mods! assessment notice 10 bo v19d by te local assassor. FROM ASSESSOR PARCEL IDENTIFICATION PH BRANCH TOWNSHIP PARCEL NUMBER: 016-006-021-01 NORTH BRANCH MI 48461 PROPERTY ADDRESS: 6674 ROGERS DR NORTH BRANCH, MI 48461 OWNER'S NAME & ADDRESS/PERSON NAMED ON ASSESSMENT ROLL: PRINCIPAL RESIDENCE EXEMPTION NORTH BRANCH REAL ESTATE HOLDINGS % Exempt As "Homaownars Princloa! Residence® 00% 3620 N hoy DYKE RD % Exempt As "Qualified Agricultural Property”: 00% ALMON 48003 % Exempt Au "MBT Industrial Parsonai®; 00% % Exempt As “MBT Commercial Personal™ 00% Exempt As "Qualified Forest Property”: [1 Yes No Exempt As “Development Property™: COvYes X No LEGAL DESCRIPTION: PART OF THE SW 1/4 OF SEC 6 TON R11E COM AT THE CENTER POST OF SEC 6; TH S 0 W 759 FT ALONG N-S 1/4 LINE OF SEC; TH N 89 W 938.78 FT TO THE POB; TH CONT N 89 W 381.07 FT; TH NO E 303.87 FT; TH S 89 E 288.71 FT: TH S OW 64.71 FT ALONG N LINE OF THE EXISTING SCHOOL BLDG TO THE N LINE OF INTERIOR BLOCK WALL; TH S 89 E 10.08 FT ALONG N LINE ACCORDING TO MCL 211.34c THIS PROPERTY IS CLASSIFIED AS: 201 Commercial PRIOR YEAR'S CLASSIFICATION IF DIFFERENT: 201 Commercial PRIOR AMOUNT CURRENT TENTATIVE Bri YEAR: 2924 AMOUNT YEAR: p05 CURRENT YEAR 1. TAXABLE VALUE: 682.920 714,400 21.480 2. ASSESSED VALUE: 760,100 300 3. TENTATIVE EQUALIZATION FACTOR: 1.000 4. STATE EQUALIZED VALUE (SEV): 760,100 792,400 32,300 5. There WAS or WAS NOT a transfer of ownership on this property in2024 WAS NOT 6. Assessor Change Reason(s): Market Adjusiment The 2025 Inflation rate Multiplier is: 1.031 Questions regarding the Notice of Assessment, Taxable Valuation, and Property Classification may be directed to the Following: Nama: Phone’ Email Address: NATHAN D. HAGER 810-688-2785 NDHAGER@YAHOO.COM March Board of Review Appeal Information. The Board of Review will meet at the following dates and times: THE BOARD OF REVIEW WILL MEET AT NORTH BRANCH TWP HALL 6771 ELM ST. MONDAY, MARCH 10, 2025 FROM 9AM- 3PM AND TUESDAY, M