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Judy Tax Tribunal 07072025 PDF Signed.pdf

Judy L Gentner, Petitioner V Township Of Burtchville, Respondent · 24-003589-TT

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Page 1

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON |. BROWN, DPA 

GOVERNOR 

N 

| BROW 

Henne 

MICHIGAN TAX TRIBUNAL 

Petitioner(s) 

Y 

MTT Docket No. 24-008589 

~~ 

Township of Burtchville, MI 

Respondent(s) 

PROOF OF SERVICE 

judy L Gentner 

states that on July 7th, 2025 

he/she 

[Name of person serving/mailing petition] 

[date of service] 

served a copy of the Proposed Opinion & Judgment 

_ relative to the above-captioned matter upon: 

[Provide name and address of the party/people being served] 

Township of Burtchwville 

Burtchville Township 

4000 Burch Road 

Burtchville, MI 48059 

Soda (uti. 

ure-of persar) 

aj who 

i is serving/mailing copy] 

Judy L Gentner 

[Print/type name of person serving/mailing copy] 

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, M1 48906

Page 2

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON [. BROWN, DPA 

GOVERNOR 

LANSING 

DIRECTOR 

Judy L Gentner, 

MICHIGAN TAX TRIBUNAL 

Petitioner, 

SMALL CLAIMS DIVISION 

v 

MTT Docket No. 24-003589 

Burtchville Township, 

Case Type: Valuation 

Respondent. 

. 

PROPOSED OPINION AND JUDGMENT 

Personnel Presiding: 

Brett Wallace, Administrative Law Judge 

Location of Hearing: 

Telephonic 

Hearing Held on: 

May 20, 2025 

Appearances on Behalf of Petitioner: 

~~ Judy Gentner 

Appearances on Behalf of Respondent: Shelly Baumeister 

PROPOSED JUDGMENT 

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

value (TV) for the tax years at issue shall be as follows: 

Parcel Number: 7411-470-0031-000 

Year 

TCV 

SEV 

TV 

2024 

$759,000 

$379,500 

$379,500 

2025 

$851,800 

$425,900 

$391,264 

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 2024 

March BOR. 

Petitioner filed a petition with the Tribunal on June 26, 2024, and Respondent filed an 

answer on October 8, 2024. 

The amount of the 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.! 

Further, the 

property's assessment for subsequent tax years is included in this proceeding.? 

1 See MCL 205.762(1). 

2 See MCL 205.737(5)(b). 

MICHIGAN TAX TRIBUNAL 

- 611 W. OTTAWA ST., LANSING, MI 48933 

- 517-335-9760 

PO BOX 30232, LANSING, Mi 48908 

- Other Carriers: 2407 N. GRAND RIVER AVE,, LANSING, MI 48906

Page 3

Michigan Tax Tribunal 

Small Claims Division 

MTT Docket No. 24-003589 

To whom it may concern: 

In reference to the 6500 Lakeshore Rd. Burtchville MI 48059, being an estate sale does not have 

merit, it was in fact Market Based. The house was processed through a normal real-estate sale 

for $695,000 in 2022. Furthermore, the house recently sold for $700,000 in 2025, Market Based 

and Arm's Length Sale. This does not support the escalation in market value as stated. 

It is also noted on rebuttal that the Respondent contends that there was an adjustment on the 

property identified as 6500 Lakeshore, where the right-of-way from the adjacent drain spills into 

the parce! because of erosion. This is not part of 6500 Lakeshore. The above is associated to 

6508 Lakeshore, vacant land. What was not noted as evidence was that 6486 Lakeshore {subject 

property), has a county drain easement running through the middle of the property. The 

easement runs into the adjacent property to the north, 6490 Lakeshore, vacant land. Therefore, 

not only does 6500 Lakeshore not receive an adjusted land property value for erosion, but 6486 

Lakeshore {subject property) should receive the adjustment for the County Drain Easement. 

There is a discrepancy about the direction from the State Tax Commission. 

{ contacted Jane 

Walsh (Treasury) about the process and guidelines for this hearing. She explained that the 

purchase price of the house is not indicative of the TCV. “If correct figures have been used in 

the Capped Value formula for the prior year Taxable Value and for the current Inflation Rate 

Multiplier, the Board of Review cannot make a change that results in a different Capped Value 

of the property. The sale price of a property is not the same as the true cash value of the 

property. This is due to a variety of reasons, which include: an uninformed buyer, an 

uninformed seller, insufficient marketing time, or buyer and seller are relatives. 

MCL 211.27(6) states: “the purchase price paid in a transfer of property is not the presumptive 

true cash value of the property transferred. In determining the true cash value of transferred 

property, an assessing officer shall assess that property using the same valuation method 

used to value all other property of that same classification in the assessing jurisdiction.” Jane 

explained that the capped value is the best factor in determining the true value and not chasing 

sales. The capped value is adjusted based on sales and other factors over time and is the true 

representation of TCV in a particular sector of a housing market. She stated directly that it is the 

intention of the state to be fair to everyone and that the capped value should be used. Taking 

current sales is not representative of a housing market that is in a constant influx. Using capped 

value is the constant that should be used in determining the TCV.

Page 4

On page 6, paragraph 2, there is a noted change for the partitioner. The tribunal finds that the 

land value went from $211,468 down to $189,200. Thank you. Though 

| do not see it 

incorporated in the Proposed Judgement on page 1. 

In conclusion, 

| am requestioning the TCV of my house to be at the capped value minus the land 

value discrepancy from $211,468 to $189,200 (Diff. $22,268). Thank you for your time in this 

matter. 

Capped Value (SEV) 

$684,000 

Adj Land Value 

$22,268 

$661,732 

SEV 

Taxable Value 

Final Adjusted Value: $661,732 / $330,866 

Judy L. Gentner ~ Petitioner 

MTT Docket No. 24-003589 

(WEA 

July 6, 2025 

J

Page 5

Michigan Tax Tribunal 

Small Claims Division 

MTT Docket No. 24-003589 

To whom it may concern, 

Please note the documentation was submitted via email on 7/7/2025. 

| was not able to submit 

through the portal because my email address was not attached in the LARA system when the 

case was created. 

| worked with Savana to troubleshoot the issue and she was able to correct 

multiple issue within the system. 

Sequence of events: 

Judgement Entered: 06/17/2025. 

Mailed/Postmarked: 06/19/2025 (Which was a Holiday). 

Received: 06/24/2025. 

E-file: 07/06/2025 — Unable to access System. Setup incorrectly at LARA. 

E-file/email: 07/07/2025 — email received. E-file would not allow access to case account. 

Email not accepted by LARA ~ 07/08/2025. Email from LARA stating that documents had to be 

uploaded through E-file. 

Letter to Respondent delivered to the Township Accessor: 07/07/2025 

E-file: 07/08/2025 — Savana at LARA corrected case account issues. Uploaded files. 

Judy L. Gentner ~ Petitioner 

fig of {fort 

MTT Docket No. 24-003589

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