Response to Order of Default 24-003355.pdf

Dustin Cupp, Christina Cupp, Petitioners V Township Of Mendon, Respondent · 24-003355-TT

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STATE OF MICHIGAN 

DEPARTMENT OF LICENSING & REGULATORY AFFAIRS 

MICHIGAN ADMINISTRATIVE HEARING SYSTEM 

MICHIGAN TAX TRIBUNAL 

SMALL CLAIMS DIVISION 

______________________ 

 

DUSTIN and CHRISTINA CUPP, 

 

 

Petitioners, 

 

v 

 

MENDON TOWNSHIP, 

 

 

Respondent. 

MOAHR Docket No. 24-003355 

 

Parcel Nos. 75-010-016-012-00 & 

 75-010-016-013-00 

______________________________________________________________________________ 

 

Thomas K. Dillon (P81136) 

FOSTER SWIFT COLLINS & SMITH, P.C. 

Attorneys for Petitioners 

1700 East Beltline Avenue NE, Suite 200 

Grand Rapids, MI 49525 

(616) 726-2258 

tdillon@fosterswift.com 

 

Dale Hutson 

Representative for Respondent 

60450 Farrand Road 

Colon, MI 49040 

(269) 432-2834 

dalehutson@chartermi.net 

______________________________________________________________________________ 

 

PETITIONERS’ RESPONSE TO ORDER OF DEFAULT 

 

Petitioners, Dustin and Christina Cupp, by and through their attorneys, Foster Swift Collins 

& Smith, P.C., for their Response to the Tribunal’s November 1, 2024, Order of Default, state as 

follows: 

1. 

This case involves Petitioners’ appeal of Respondent’s denial of the Qualified 

Agricultural Exemption for Property Parcel Nos. 75-010-016-012-00 and 75-010-016-013-00 (the 

“Subject Property”). Petitioners purchased the Subject Property on June 3, 2024. 

2. 

The Subject Property was receiving the Qualified Agricultural exemption prior to 

Petitioners’ purchase.

3.

Petitioners purchased the Subject Property on June 3, 2024, and submitted a signed

Form 3676 attesting that the Subject Property will remain Qualified Agricultural Property. 

Respondent’s assessor denied the Qualified Agricultural Exemption on July 26, 2024. See 

Attachment 1 (which was included as Exhibit B to Petitioners’ Petition). 

4.

Because Respondent’s assessor advised Petitioners’ representative Lance Thornton

that the December Board of Review lacked authority over the Qualified Agricultural Exemption 

denial, Petitioners filed this Petition with the Tax Tribunal within 35 days of the July 26, 2024, 

denial. 

5.

The notices giving rise to this appeal are Respondent’s assessor’s denial of the

Qualified Agricultural Exemption attached hereto as Attachment 1. 

WHEREFORE, Petitioners respectfully request that this Tribunal issue an Order curing the 

default. 

Respectfully submitted, 

FOSTER SWIFT COLLINS & SMITH, PC 

Attorneys for Petitioners 

Dated: November 12, 2024 

By: 

______________________________________ 

Thomas K. Dillon (P81136) 

1700 E. Beltline Ave. NE, Suite 200 

Grand Rapids, MI 49525 

(616) 726-2258

89494:00001:200977011-1

ATTACHMENT 1

DOCUMENT 

# 2024004135 

ARRIVAL: 06/05/2024 09:54:33 AM 

RECORDED: 

06/05/2024 09:54:41 AM 

DOCTYPE: 

A@6 PAGES: 

2 

Hutson Assessing Inc. 

JUN 1 02024 

FILED FOR RECORD IN 

: 

ST 

JOSEPH COUNTY MICHIGAN 

Received 

LINDSAY OSWALD, 

REGISTER 

OF 

DEEDS 

EE 

a 

Affidavit Attesting Qualified Agricultural Property Shall Remain Qualified Agricultural Property 

1. Street Address of Property 

2. Name of County 

St. Joseph 

3. City/Township/Village Where Real Estate is Located 

Mendon Ep 

[Il City 

Township 

[H| Village 

4. Name of Property Owner(s) (Print or Type Legibly) 

5. Property ID Number (from Tax Bill or Assessment Notice) 

Dustin L. Cupp and Christina L. Cupp 

75-010-016-012-00 

6. Legal Description (Legal description is required; attach additional sheets if 

7. Percentage of this properly that is, and will remain Qualified Agricultural Property 

necessary) 

(Do Not Include Qualified Farest Program Property) 

See Exhibit A 

100% 

8. Daylime Telephone Number 

9. E-mail Address 

Partial transfer under MCL 211.27a(6)(K)? See Page 2 

(269) 651-4880 

Ithorntonlaw@gmail.com 

J Yes 

No 

CERTIFICATION & NOTARIZATION (Notarization necessary for recording with Register of Deeds) 

| certify that the information above is true and complete to the best of my knowledge. 

| further certify that the property noted on this affidavit 

currently is, and will remain, qualified agricultural property. Must 

be signed 

by-owner, 

partner, corporate officer, or a duly authorized agent. 

Dated: June 3 

,2024 

Signed 

NIRS 

Name (Printed or Type) Dustif 

L. Cupp 

Title Owner 

Dated: June 3 

,20.24 

Signed 

(4a. nAong Zz Lo 

Name (Printed or Type) Christina L! ffm 

Title Owner 

STATE OF MICHIGAN 

) 

) ss. 

COUNTY OF 

ST. JOSEPH 

) 

On this 

_3rd 

day of 

June 

, 20.24 

the above-named person(s) Dustin L. Cupp & Christina L. Cupp 

.each personally appeared before me. Each acknowledged that the persons’ execution of this affidavit was that 

person's free act and deed and affirmed that the contents of this affidavit are true to the best of that person's information, knowledge 

and belief. 

ite (FE 7 

BRINT/TYPE NAME: Lance L. Thornton 

NOTARY PUBLIC, 

St. Joseph 

County, Michigan 

Acting in 

St. Joseph 

County 

(NOTARY SEAL) 

My commission expires: 06/21/2030 

Drafters Name __ Lance . Thorton 

. Ale 

ho rire 

Drafter's Address 

_(s 3.260 

Abn ihesrse 

JAC » 

Sie i wi AT 

Eh] 

FOR LOCAL GOVERNMENT USE ONLY AFTER THE INSTRUMENT IS RECORDED WITH THE REGISTER OF DEEDS 

Is the percentage stated above in number 7 the current percentage of the property that is Qualified 

Agricultural Property? 

£ 

OJ Yes 

No 

If NO, what is the correct percentage 

of the propery that is currently Qualified Agricultural Property? 

= LO 

Assessor's Signature A 

Date 

7/. 

% 

= 

Co 

[2 

Z= > 

24) 20Z¢

EXHIBIT A —FORM 3676 

6. Legal description: 

The East 1/2 of the Southeast 1/4 of the Northeast 1/4 of the Southeast 1/4 of Section 16, 

Township 5 South, Range 10 West. 

Tax ID# 75-010-016-012-00 

Hutson Assessing Inc. 

JUN 102024 

Received

DOCUMENT 

# 2024004131 

Hutson Assessing Inc. 

ARRIVAL: 06/05/2024 09:54:33 AM 

RECORDED: 

06/05/2024 09:54:37 

AM 

24 

DOCTYPE: 

A@6 PAGES: 

2 

JUN 1 0 0 

FILED 

FOR RECORD 

IN 

. 

ST JOSEPH COUNTY MICHIGAN 

Received 

LINDSAY OSWALD, REGISTER OF DEEDS 

Michigan Department of Treasury 

This form is issued under authority of P.A. 260 

of 

3676 (Rev. 12-18) 

2000 and PA. 378 of 2006, Filing Is vido. 

Affidavit Attesting Qualified Agricultural Property Shall Remain Qualified Agricultural Property 

1. Street Address of Property 

2. Name of County 

St. Joseph 

3. City/Township/Village Where Real Estale is Located 

5 

§ 

i 

Mendon Township 

OJ City 

Township 

OJ Village 

4. Name of Property Owner(s) (Print or Type Legibly) 

5. Property ID Number (from Tax Bill 

or Assessment Notice) 

Dustin L. Cupp and Christina L. Cupp 

75-010-016-013-00 

6. Legal Description (Legal description is required; attach additional sheets il 

7. Percentage of this property that is, and will remain Qualified Agricultural Property 

necessary) 

(Do Not Include Qualified Forest Program Property) 

See Exhibit A 

100% 

8. Daylime Telephone Number 

9. E-mail Address 

Partial transfer under MCL 211.27a(6)(K)? See Page 2 

(269) 651-4880 

Ithorntonlaw@gmail.com 

[ves 

No 

CERTIFICATION & NOTARIZATION (Notarization necessary for recording with Register of Deeds) 

| certify that the information above is true and complete to the best of my knowledge. 

| further certify that the property noted on this affidavit 

currently is, and will remain, qualified agricultural property. Must be signed 

by 

gwner, partner, corporate officer, or a duly authorized agent. 

Dated: June 3 

,2024 

Signed 

RNNES 

Name pa 

or Type) Dustin'tY Cupp 

Title Owner 

Dated: June 3 

,20.24 

Signed IZ Ny a 

Z 

Zz 

on 

Name (Printed or Type) Christina L. Cupp 

Title Owner 

STATE OF MICHIGAN 

~~) 

) ss. 

COUNTY OF 

ST. JOSEPH 

) 

Onthis 

_3rd 

day of 

June 

20.24 

the above-named person(s) Dustin L. Cupp & Christina L. Cupp 

.each personally appeared before me. Each acknowledged that the persons’ execution of this affidavit was that 

person's free act and deed and affirmed that the contents of this affidavit are true to the best of that person's information, knowledge 

and belief. 

 , a 

ie Zn 

BRINTTYPE NAME: Lance L. Thornton 

NOTARY PUBLIC, 

St. Joseph 

County, Michigan 

Acting in 

St. Joseph 

County 

(NOTARY SEAL) 

My commission expires: 06/21/2030 

Drafter's Name 

_fvesicr L. 

Thesrsdea » 

litter 

ees 

Drafter's Address __(» A262 Adoftrc.ien 

RA, Gi writs, ML 490%, 

FOR LOCAL GOVERNMENT USE ONLY AFTER THE INSTRUMENT IS RECORDED WITH THE REGISTER OF DEEDS 

Is the percentage stated above in number 7 the current percentage of the property that is Qualified 

0 Yes TNo 

Agricultural Property? 

2207 

If NO, what is the corgec{percentage of the 

=> 

y that is currently Qualified Agricultural Property? 

i 

SES 

Date 

7/24) ze zy

EXHIBIT A — FORM 3676 

6. Legal description: 

The West 1/2 of the Southeast 1/4 of the Northeast 1/4 of the Southeast 1/4 of Section 16, 

Township 5 South, Range 10 West. 

Tax ID# 75-010-016-013-00

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