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Samuel J McKim, III, Petitioner V Township Of Worth, Respondent · 24-003796-TT

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Page 1

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RECEIVED 

AUG 06 2024 

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MICHIGAN TAX TRIBUNAL 

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON I, BROWN, DPA 

GOVERNOR 

LANSING 

DIRECTOR 

VALUATION / EXEMPTION /C 

PROPERTY TAX APPEAL PETITION FORM 

LASSIFICATION APPEAL 

Non-Property tax disputes. 

Do not use this form to appeal Principal Residence Exemption, Qualified Agricuftural Exemption, Special Assessment, or 

(e.g. Board of Review Decision or Notice of Uncapping) with th 

submit this document, you may be held in default. 

Pursuant to Michigan Tax Tribunal Rule TR) 277(3), you MUST submit a copy of the notice giving rise to the appeal 

is Small Claims Petition, if applicable. If you do not 

Section 1: Petitioner's Contact Information 

Bo 

322 Ghee 

First Name 

Ml_ 

Last Name/Company Name 

Sev 

11% 

SYN 

J 

MACE 

Maiting Address (No., Street, P.O. Box or Rural Route} 

P 

$35) 

Awweswoxs 

KY 

! City or Town 

State 

ZIP Code 

2 ny jon 

+ 

YFr#so 

Telephone Number 

7 

Fax Number 

E-mail Address (do not enter unless you want MTT to send ail correspondence,via e-mail) 

MAME arene 

@ Vignes © Comm 

Representative’s Contact Information 

Section 2: Petitioner's Attorney/Authorized 

First Name 

M.). 

Last Name 

Firm Name (if any) 

Address {No., Street, P.O, Box or Rural Route) 

City or Town 

State 

ZIP Code 

Telephone Number 

Fax Number 

E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) 

Section 3: Subject Property information 

How many 

If you are appealing more than ofie parcel, are they contiguous or adjoining? 

parcels are you 

Yas* 

No** 

: 

appealing? 

*If yes, use a multiple parcel form for information regarding any contiguous parcels.

Page 2

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i 

Go A 

Siri” 

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON L. BROWN, DPA 

SOVERNOR 

LANSING 

DIRECTOR 

Section 4: Issues Being Appealed (check ali that apply) 

#8 True Cash and Taxable Value 

O Poverty Exemption 

[3 Taxable Value Only (calculation) 

: 

} 

OJ Disabled Veterans Exemption 

[J uncapping of Taxable Value 

{J Eligible Manufacturing Personal Property (ESA) 

[J Exemption from Taxation (other than the dental ofa 

[1 Classification 

Principal Residence or Qualified Agricultural Exemption) 

’ 

Section 5: Explain the Reason 

for this Appeal 

(ASSESs cu 4B LNeREREE Eto PEI dow de 

W 4976 

5 oo 

7 

$5 

J 

CATT 

PR 

ese pnz: IY 

TC o, 

2.455255 mma pop 

LVRhiZf 

ET Ao ep 

ivy ry Seve. 

Section 6: Jurisdictional Issues 

1 

Year(s) you are appealing: 

2oxy 

Did you protest the assessment at a Board of Review (BOR)? [i4Yes 

[Ino 

If Yes, check which BOR you attended AND attach the BOR decision: [March 

[1 uuty 

[] December 

if No, check the applicable reason(s): 

0 Not required to attend 

[| Assessment Change Notice was not received ky Petitioner 

O Appealing a purported Clerical Error or Mutual Mistake of Fact (If yes, include explanation in Section 5) 

Appealing within 35 days of State Tax Commission Order

Page 3

STATE OF MICHIGAN 

HEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON |. BROWN, DPA 

OVERNOR 

LANSING 

DIRECTOR 

Section 7: Valuation Information *Use the multiple parcel form for additional, contiguous parcels. 

Parcel Identification Number: 

Classification of Property: 

Real 

Personal 

(check one) 

Agricultural 

Commercial 

industrial 

Residengil 

Timber-Cutover 

Developmental 

~~ Ulility 

(check one) 

[1 

0 

B] 

g 

[] 

[1] 

0 

Current Assessed Value (also known as State Equdlized Value) as established by the BOR: 

ITE, Foo 

; 

il 

Current Taxable pyar as established by the BOR: 

/’58,095 

{| 

What do you believe is the fair market value (also kiiown as True Cash Value)? 

932 dee 

FCW” 

Multiply the True Cash Value by .5 and enter here. This Is your contention of Assessed Value. 

225 bos 

i 

you believe the Taxable Value differs from your contention of Assessed Value, enter your contention of Taxable Value. 

| Section 8; Classification Information *Oniy the MI Dep't of Treasury may appeal this issue to the Tribunal* 

Parcel (dentification Number: 

26 

224i 050 Joe ZS 

oc 

Current Classification of Property as established by Board of Review: 

Real 

Personal 

(check one) 

Cg 

Agricultural 

Commercial 

Industrial 

Residential 

Timber-Cutover 

Developmental 

Utillly 

(check one) 

] 

What do you believe is the property's classifi cation? 

Real 

Personal 

(check one) 

ME” 

Agricultural 

Commercial 

industrial 

Residenjial 

Timber-Cutover 

Developmental 

oy 

{check one} 

Ifimproved property, how is the property currently being used? 

eatin, 

if improved property, for what use was the property designed? 

Redepi res.

Page 4

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON 1. BROWN, DPA 

{GOVERNOR 

LANSING 

DIRECTOR 

Fee Information 

Does the subject property have a Principal Residence Exemption of at feast 50% as of the date of the filing of this petition? 

[#1 Ves 

O ne 

Are you appealing ONLY the dental of a Poverty Exémption or Disabled Veterans Exemption? 

ji 

[m} Yes 

no 

i 

If you answered yes to either or both of the above questions, you are not required to pay any filing fees. 

The filing fee is based on the greater of the State Equalized Value or Taxable Value in contention. 

if you are appealing more than one 

parcel, the parcel with the highest State Equalized Value or Taxable Value in contention will be used to determine your fillng fee, plus 

$26.00 will be added for each additional parcel being appealed, not to exceed a total filing fee of $1,000. 

If your property is residential property {see MCL 205.762) and 

the State Equalized Value or Taxable Value in contention is: 

Filing Fee is: 

$100,000.00 and under 

$125.00 

$100,000.01 to $500,000.00 

$200.00 

$Over $500,000.00 

$300.00 

If your property is 

NOT residential property (see MCL 205.762) and 

the State Equalized Value or Taxable Vatue in contehtion is: 

FHing Fee Is: 

$100,000.00 and under 

. 

$250.00 

* Plus $25.00 for each additional parcel, as indicated above. 

if your property is 

NOT residential property and the State Equalized Value or Taxable Value in contention is $106,000.01 or greater the 

appeal does not qualify for Small Claims. Therefore, 

jan Entire Tribunal petition must be filed, 

Signature ‘required 

J 

7] 

Petitioner 

or Attorney/Autiaf) 

ed Representative’s Signature; 

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Page 5

abt 

THIS 

IS NOT A TAX BILL 

L-4400 

Notice of Assessment, Taxable Valuation, and Property Classification 

This form is issu 

| 

under the authority of P.A. 206 of 1893, Sec. 211.24 (c) and Sec.211.34c, as amended. This is a model assessment notice to be used by the local assessor. 

FROM: \WORTH TOWNSHIP ASSESSOR 

AL BAUMEISTER 

6903 LAKESHORE 

LEXINGTON, MI 48450 

PARCEL IDENTIFICATION 

PARCEL NUMBER: 

76-261-030-100-250-00 

PROPERTY ADDRESS: 

8351 LAKESHORE 

LEXINGTON, MI 48450 

OWNER'S NAVIE & ADDRESS/PERSON NAMED ON ASSESSMENT ROLL: 

MCKIM 

SAMUEL J ll 

8351 LAKESHORE 

LEXINGTON MI 48450 

PRINCIPAL RESIDENCE EXEMPTION 

9% Exempt As "Homeowners Principal Residence": 

100.00% 

9% Exempt As "Qualified Agricultural Property": 

.00% 

9% Exempt As "MBT Industrial Personal"; 

.00% 

9% Exempt 

As "MBT Commercial Personal": 

.00% 

Exempt As "Qualified Forest Property": 

O Yes 

[X] 

No 

Exempt 

As "Development Property": 

[Yes 

[XI 

No 

T 

LEGAL DESCRIPTION: 

TON R17E SEC 30 COM AT INTERSECTION OF CENTER LINE OF US 25 AND S LINE OF FRL SEC 30, TH N 4D 24M W ALONG 

SAID CENTER LINE 1438.68 FT, S 87D 34M E 379.30 FT, N 2D 19M E 57.8 FT TO POB. TH § 87D 20M E 231.0 FT TO LAKE HURON, 

TH ALONG SHORE N 2D 19M E 121.0 FT, N 87D 29M W 205.0 FT, S 2D 19M W 21.0 FT N 87D 29M W26.0 FTTH S 2D 19M W 100 FT 

ACCORDING TO MCL 211.34c THIS PROPERTY IS CLASSIFIED AS: 

401 

(RESIDENTIAL-IMPROVED) 

PRIOR YEAR'S CLASSIFICATION: 

401 

(RESIDENTIAL-IMPROVED) 

The change in taxable value will increase/decrease your tax 

Ji for the 2024 

CURRENT TENTATIVE 

CHANGE FROM 

year by spprumaty 

$169 

1 

rh FROST 

AMOUNT YEAR: 5+ 

PRIORYEARTD 

1. TAXABLE VALUE: 

15 

158, 

7,528 

2. ASSESSED VALUE: 

X 

1 

3. TENTATIVE EQUALIZATION FACTOR: 

1.000 

4, STATE EQUALIZED VALUE (SEV): 

| 

275,600 

478,300 

202,700 

5. There WAS or WAS NOT a transfer of ownership onlthis property in2023 

WAS NOT 

6. Assessor Change Reason: 

Market Adjustment 

T 

The 2024 InRation rate Multiplier is: 1.05 

Questions regarding the Notice of Assessment, Taxable Valuation, and Property Classification may be directed to the Following: 

Name: 

AL BAUMEISTER 

| 

Phone: 

| (810) 359-8852 

Email Address: 

ASSESSOR@WORTHMI.ORG 

March Basi of Review Appeal Information. The board of review will meet at the following dates and times: 

IF YOU WISH TO APPEAL THIS ASSESSMENT, PLEASE APPEAR AT THE BOARD OF REVIEW PUBLIC MEETINGS DURING THE

Page 6

Samuel & Eugenia McKim 

| 

8351 LAKESHORE Rp. 

LEXINGTON, MICHIGAN 48450 

h 810-327-6640 

€ 313-550-4941 

mckimsathome@yahoo.com 

| 

March 8, 2024 

Board of Review 

Worth Township 

6903S. Lakeshore Rd 

| 

Lexington, MI 48450 

omc 

| 

| 

| 

| 

| 

| 

| 

~~ 

RE: 

(Appeal of Assessment 

of 

Parcel No, 76.261-030.100-250.00 (6351 Lakoshore”) 

f 

of 

Parcel No. 76-261-030-100-240-00 ("8355 Lakeshore") 

Appeal of Assessment of 

Parcel No. 76-261-030-100-270-00 (“270 Parcel”) 

Appeal of Assessment of Parcel No. 76-261-030-400-080-00 (080 Parcel”) 

Dear Members of the Worth Township Board of Review, 

| 

We herewith appeal the proposed 2024 assessments on each of the above-referenced parcels, all of 

hick) 

| 

cash V 

n separately, 

the 

largest 

d 

, 

and of 8355 Lakesh 

of $100,900, a 208% increase. 

| 

Adjus 

are contiguous. 

| 

The increased assessments on all four parcels taken together was $332,000 assessed, $644,000 true 

alue. This amounted to a 70% increase. 

p 

| 

i 

ol 

ARES 

TH 

9 

> 

parcel 

70 

INCTE 

t 20 years, 

ore, a vacant converted cottage home, vacant and unoccupied. for abou 

The Notice of Assessment states that the “Change Reason” for all four parcel increases was “Market 

ment," with no other explanation. 

We| do not know what that “explanation” means. 

There has been no 

contact by the Township Assessor with us for years, and no requested inspection or request for information. We 

are at 

recog 

has se 

a total loss to understand these well over half million dollar surprise true cash value assessment increases. 

My wife and 

| are the owners of all four parcels, notwithstanding the Township's repeated failure to 

ize the transfer of parcels 240 and 270/to us from my father’s Estate over 20 years ago, the Deed for which 

veral times been provided the Township.

Page 7

| 

Page |2 

| would provide this information yet| again, but unfortunately we are in Florida, not to return until late in 

April The Assessor's Office, however, already has it 

| 

A 

- 

0 

av 

| 

> 

0 

arcel, 

give 

92) 

proposed 

assessmel 

| 

| 

Given the age of the home, over these years 

it has been necessary to make substantial efforts and 

expenditures for “normal repairs, replacement, and maintenance” (to quote from MCL 211.27(2), the General 

Property Tax Act. "Section 27(2)") 

| 

Section 27(2) provides, inter alia, “The assessor shall not consider the increase in trué cash value that is 

a result of expenditures for normal repairs, replacement, and maintenance in determining the true cash value of 

property for assessment purposes until the property is sold.” 

The “property,” here the four parcels above identified, has not been sold. 

The application of those Section 272) provisions was the subject of a prior Tax Tribunal appeal and the 

elimination of the increases of true cash value required by Section 27(2) were the subject of a stipulated Tribunal 

Consent Judgment. 

| 

Section 27(2) lists repairs considered normal and leading to non-assessable value. We qualify for many, 

including outside painting, replacing roof, replacing steps, replacing sidewalks, repairing masonry, adding gutters, 

replaging storm doors 

(3), storm windows 

|(many), replacing plumbing and 

light fixtures, replacing furnace, 

repairing plaster, repainting plaster, installing 

a new ceiling, installing new floor surfacing, replacing automatic 

water|heater, and installing a whole house geherator. 

| 

The same situation exists at the 8355 parcel, as it houses a small 80 year old cottage/house (with no 

garage) on which 

| have made many of the same normal repairs, replacements and normal maintenance, 

including new sidewalks, roof, storm doors, storm windows, plumbing replacements, new furnace of same type, 

new floor surfaces, replacing automatic water heater, repairing porch, outside painting, replacing interior dated 

woodwork, new ceilings, efc. 

The replacement cost approach to assessment valuation would involve the Marshall Calculator Cost or 

State 

| Tax Commission calculator cost approach (very similar), less depreciation, plus the value of the land. 

Section 27(2) forbids the assessor from increasing the construction quality classification or reducing the effective 

age for depreciation purposes because of the repairs, replacement or maintenance refenced above. (An assessor 

cannot avoid the provisions of Section 27(2) by shifting from a cost approach valuation procedure to a sales 

comparison procedure.) 

| 

Regardless of what the effective age in years was estimated to

Page 8

Page |3 

The 8351 home value for assessment purposes is dramatically negatively impacted, as we established 

with) prior assessors, by a permanent right-of-way easement allowing the other 9 owners in Roehf's Beach to 

access the beach and lakeshore. This easement runs through the middle of the home's large open side-yard area 

bordering the lake, making it “un-buildable.” The surveyors’ layout showing this was provided the prior assessor. 

Further, as recently again demonstrated to a prior assessor by a surveyors layout of Roehl's Beach, 

of our land ownership looks like a jigsaw puzzle piece, also not buildable, (We are not in the area of the 

Towhship benefitting from 

the recently installed sewers, and “perc tests” and other area restrictions are 

cable.) 

and. (The land must be valued at a resi 

In appraisal and assessment theory, the market value of improved real property cannot exceed 

its 

eciated replacement value, the cost to a purchase of replacing the subject. This leaves any excess value to 

idential highest and best use, just as all other land in the vicinity.) 

If the Assessor relied in part on a sales comparison approach to determining assessed value, comparing 

t sales to the subject, it must be remembered that for the sale value of recent larger homes constructed on 

ke must be adjusted for age, the others are nearly new, the subject is 100 years old. Also, adjustment must 

be made to the comparable sales for the quantity of involved land, lake frontage, tand configuration, and the area 

hborhood) in which the comparable is located. The subject 8351 Parcel structure is a larger very old home in 

ea mostly occupied by much smaller aging cottages, most converted to homes. 

This detracts from the 

et value of the 8351 Parcel, requiring ajsubstantial downward adjustment of the comparative value of recent 

ruction andor sales of larger homes not located in such neighborhoods. 

Again, having had no contact with the Assessor and no understandable explanation on the Notice of 

Assessment, we are in the dark as to why we have received a 70% overall assessment increase, amounting fo a 

se $644,000 aggregate TCV increase. {We would assume a 5% increase could be reasonable, as that was 

Mflation increase” accorded to our parcels’ taxable value. Buta 70% increase is totally unjustified.) 

We hope fo avoid yet another drawn-out appeal to the Tax Tribunal in this case, probably (given what has 

ned} involving a "Whole Tribunal’ appeal with depositions and interrogatory discovery, by providing the 

with verifiable facts which we hope may be relevant to whatever underlies the humongous, unexplained 

assessment increases. 

If we had been given reasonable prior notice, we would have provided a more complete 

factugl response, and if we were not in Florida, we would have appeared in person, but as it is, we must reply on 

fitten appeal. Fortunately, most of the relevant information is, or should be, already in the possession of the 

Assessor's Office and therefore available to you, 

I am mostly available by cell phone Here in Florida. 

If 

| can provide anything helpful, the number is 313- 

041, 

Very truly yours,

Page 9

04/10/2024 

12:15 

PM 

2024 BOARD OF REVIEW DECISION 

FROM 

WORTH TOWNSHIP ASSESSOR 

AL BAUMEISTER 

6903 LAKESHORE 

; 

LEXINGTON, MI 48450 

NAME AND ADDRESS OF OWNER OR PERSON NAMED ON ASSESSMENT ROLL: 

PROPERTY IDENTIFICATION: (Parcel Code required. Property address 

and legal description optional.): 

76-261-030-100-250-00 

8351 LAKESHORE 

TON R17E SEC 30 COM AT INTERSECTION OF CENTER LINE 

| 

MCKIM SAMUEL J III 

| 

OF US 25 AND § LINE OF FRL SEC 30, TH N 4D 24M W 

{ 

8351 LAKESHORE 

ALONG SAID CENTER LINE 1438.68 FT, § 87D 34M E 379.30 

| 

LEXINGTON MI 48450 

FT, N 2D 19M E 57.8 FT'TO POB. TH § 87D 29M E 231.0 FT TO 

| 

LAKE HURON, TH ALONG SHORE N 2D ISM E 121.0 FT, N 

; 

! 

87D 29M W 205.0 FT, $ 2D 19M W 21.0 FT 

N 87D 29M W26.0 

FTTH S 2D 19M W 100 FT, TO POB. 

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 

76-261-030-100-250-00 

They have; made the following determination based on the information you supplied. 

Board of Review Comments 

PROPERTY 

IS ASSESSED UNIFORMLY WITHIN TOWNSHIP 

2024 ORIGINAL ASSESSED VALUE 

: 

478,300 

2024 "BOARD OF REVIEW" ASSESSED VALUE 

478,300 

(If the abpve amounts are the same, no revisions have occured) 

2024 ORIGINAL TAXABLE VALUE 

158,093 

2024 "BOARD OF REVIEW" TAXABLE VALUE 

158,093 

2024 PRINCIPAL RESIDENCE EXEMPTION/QUALIFIED AG 

100.0000 

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

Page 10

i 

7 

entof Trdasury 

 page2 

< BOARD OF REVIEW USE ONLY 

d number in the Board of Review minutes. 

INSTRUCTIONS; Incorporate a copy of this form and the assigne 

Petition Number 

] 

: 

Parcel Code 

32 

261-030-100-250-00 

. ASSESSED VALUE 

for its action below. 

Pisvesto” by Board of Review. The Board of Review must state the reason 

Denied 

[I] 

Assessed Value Changed From: 

-478,300 

Io: 

| 

] 

Record of Vole - Board of three member committee of board 

i 

N 

: 

H 

NO—..—| 

Chairperson: |] ves 

[] no 7 

Member: HX ves 

[no 

Mf 

Member 

Oves 

[OO 

nop— 

Reason for Board Action: 

; 

. 

J. 

Apert is 

assessed warfpemly wibun lotship 

If you disagree with the decision of the Board of Review regarding tentative assessed value, you may appeal that decision by filing a petition with the Michigan Tax Tribunal at 

P.0.Box 30232, Lansing, Mi. 46909. Commercial Real, Industrial Real, Developmental Real, Commercial Personal, Industral Personal and Utility Personal Property may be 

appealed by May 31. Agricultural Real, Residential Real, Timber - Cut Over Real, and Agricutural Personal Property may be appealed by July 31. The petition must be filed on 

a Michigan Tax Tribural for or a form approved by the Michigan Tax Tribunal. Michigan Tax Tribunal forms are available at www.michigan.govitaxtrib. 

2, TENTATIVE TAXABLE VALUE 

Disposition by Board of Review. The Board of Review must staté the reason for its action below. 

158,093 

To: 

[J 

Denied 

[1 

Tentative Taxable Value Changed From: 

Record of Vote - 

Board or three member committee of board. 

Chairperson: |] ves 

[1] 

NO 

“mmm 

Member: 

[1 

ves 

[1] 

NO —gm 

Member. 

[].ves 

[1] NOR] 

Reason for Board Action: 

i 

\ 

If you disagree with the decision of the Board of Review regarding tentative taxable value, you may appeal that decision by filing a petition with the Michigan Tax Tribunal at 

P.0.Box 30232, Lansing, Mi. 48909. Commercial Real, Industrial Real, Developmental Real, Gommercial Personal, Industrial Personal and Utility Personal Property may be 

appealed by May 31! Agricultural Real, Residential Real, Timber - Cut Over Real, and Agricultural Personal Property may be appealed by July 31. The petition must be filed 

on a Michigan Tax Tribunal for or a form approved by the Michigan Tax Tribunal. Michigan Tax Tribunal forms are available at www.michigan.govitaxtrib. 

3. CLASSIFICATION 

Disposition by Board of Review. The Board of Review must state the reason for its action below. 

0 

Denied 

[7] 

Classification Changed From: 

401 

To: 

Record of Vote - Board or three member committee of board. 

| 

Chairperson: [1 ves 

[1 Nome 

Member: 

[1 vEs 

[NO maw 

Member: 

[7] ves 

[7] NOR 

Reason for Board Action: 

i 

If you disagree with tg decision of the Board of Reviaw regarding classification, appealis made by sending Form 2167 fo the State Tax Commission, P.O. Box 30471, Lansing, Mi. 48909 by June 30. 

4. QUALIFIED AGRICULTURAL PROPERTY EXEMPTION 

Disposition by Board of Review. The Board of Review must state the reason for its action below. 

O 

Exemption Request Denied 

[I 

Exemption percent modified from 

% Ta, 

% 

Record of Vote - Board or three member committee of board.

Page 11

Mr. Sam McKim 

8351 Lakeshore Rd. 

Lexington, MI 48450 

LANSING, PT 

YFTI3 

Po por 

30252 

~ 

A ARIST AG Fem 

Justia 7 © 7

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