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23-000882.pdf

Scott Paul Franzel, Petitioner V Township Of Watertown, Respondent · 24-003561-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 

 

Scott Paul Franzel, 

 

 

 

 

MICHIGAN TAX TRIBUNAL 

Petitioner, 

 

 

 

 

 

SMALL CLAIMS DIVISION 

 

MTT Docket No. 23-000882 

 

 

 

 

 

 

 

 

v 

 

 

 

 

 

 

 

Case Type: Valuation 

 

Watertown Township, 

 

 

 

 

Presiding Judge 

 

Respondent. 

 

 

 

 

Mark Perry 

 

FINAL OPINION AND JUDGMENT 

 

ORDER SEVERING 2024 TAX YEAR AND ASSIGNING IT 

DOCKET NUMBER 24-003561 

 

Location of Hearing: 

 

 

Telephone 

Hearing Held on: 

 

 

 

April 8, 2024 

Appearances on Behalf of Petitioner: 

Scott Paul Franzel 

Appearances on Behalf of Respondent: Jeannie Diaz 

 

SUMMARY OF JUDGMENT 

 

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

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

 

 

Parcel Number: 240-032-100-010-00 

Year

TCV

SEV

TV

2023

$270,800

$135,400

$99,771

 

The 2024 tax year shall be severed and assigned a new docket number. 

 

PROCEDURAL HISTORY 

 

Petitioner was required to protest the subject property’s assessment to the Board of 

Review (BOR). Petitioner protested the property’s assessment to the 2023 March BOR. 

 

Petitioner filed a Petition with the Tribunal on May 2, 2023, and Respondent filed an 

Answer on May 24, 2023. 

 

On December 20, 2023, the Tribunal issued an order scheduling a continued hearing 

because the testimony and evidence presented by the parties in the original hearing 

was insufficient to for the Tribunal to render a decision.

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MTT Docket No. 23-000882 

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The amount of the state equalized value (SEV) or taxable value (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 issues in this matter are: 

1. Whether the subject property is assessed in excess of 50% of its true cash value 

(TCV). 

 

“The petitioner has the burden of proof in establishing the true cash value of the 

property.”3 

 

The assessment of real property in Michigan shall not exceed 50% of its TCV.4 “True 

cash value” means “the usual selling price . . . .”5 “True cash value” means “fair market 

value.”6 

 

The Tribunal is required to make an independent determination of TCV.7 “[T]he tribunal 

is not bound to accept either of the parties’ theories of valuation. It may accept one 

theory and reject the other, it may reject both theories, or it may utilize a combination of 

both in arriving at its determination.”8 

 

The Tribunal is required to select the valuation methodology that is accurate and bears 

a reasonable relationship to the property’s TCV.9 

 

2. Whether the TV exceeds the amount provided by MCL 211.27a. 

 

MCL 211.27a provides that a property’s TV is the lesser of the property’s SEV or 

capped TV, and a property’s capped TV is, absent a transfer of ownership, determined 

mathematically by taking into consideration the prior tax year’s TV, physical losses to 

the property, the lesser of the rate of inflation or 5%, and physical additions to the 

property, including omitted property (i.e., property not previously assessed). 

 

3. What was the taxable status of the subject property land and improvements to 

the land provided by MCL 211.2(2). 

 

 

1 See MCL 205.762(1). 

2 See MCL 205.737(5)(b). 

3 MCL 205.737(3); see also Kern v Pontiac Twp, 93 Mich App 612, 620; 287 NW2d 603 (1979). 

4 Michigan Const 1963, art IX, sec 3. 

5 MCL 211.27(1). 

6 CAF Investment Co v State Tax Comm, 392 Mich 442, 450; 221 NW2d 588 (1974). 

7 See Jones & Laughlin Steel Corp v City of Warren, 193 Mich App 348; 483 NW2d 416 (1992). 

8 Id. at 356. 

9 See Safran Printing Co v Detroit, 88 Mich App 376; 276 NW2d 602 (1979).

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MTT Docket No. 23-000882 

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“The taxable status of persons and real and personal property for a tax year shall be 

determined as of each December 31 of the immediately preceding year, which is 

considered the tax day, any provisions in the charter of any city or village to the contrary 

notwithstanding.” 

 

SUMMARY OF EVIDENCE 

 

A. Petitioner’s Evidence 

 

Petitioner’s contentions of TCV, SEV and TV: 

 

Parcel Number: 240-032-100-010-00 

Year

TCV

SEV

TV

2023

$25,000

$12,500

$12,500

 

Petitioner offered the following exhibits: 

 

1. Evidence, filed on May 2, 2023 

a. Fire investigation summary 

2. Evidence, filed on May 5, 2023 

a. 2023 Board of Review Decision 

3. Evidence, filed on November 20, 2023 

a. Photographs 

b. Town & Country Realty, LLC listings 

 

No exhibits were excluded from evidence. 

 

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

that the subject property is overvalued in light of the total loss of the home due to fire. 

The subject property burned down on January 9, 2023, and Petitioner questions how he 

can be assessed for a home that did not existing during 2023. Petitioner believes his 

taxes should be based on vacant land only. 

 

Petitioner provided testimony that the tax year 2023 values and taxes should be 

prorated because the home was destroyed by fire nine days after tax day. Petitioner 

further testified that the Tribunal has the discretion to make such adjustments. 

 

B. Respondent’s Evidence 

 

The property’s TCV, SEV and TV, as confirmed by the BOR, for the tax year at issue: 

 

Parcel Number: 240-032-100-010-00 

Year

TCV

SEV

TV

2023

$270,800

$135,400

$99,771

 

Respondent offered the following exhibits:

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MTT Docket No. 23-000882 

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1. Evidence, filed on May 24, 2023 

a. 2023 Board of Review Decision 

b. Petition to BOR & BOR decision 

c. March 2023 BOR Minutes 

d. 2023 property record card 

2. Evidence, filed on November 20, 2023 

a. Land value study 

b. Economic Condition Factor (ECF) study 

No exhibits were excluded from evidence. 

 

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

that the law requires the home be assessed since it existed on December 31, 2022.10 

 

Petitioner’s representative provided in a prepared statement, “[M]r. Franzel's house 

burned on January 9, 2023. His assess value on his property was established on 

December 31, 2022, tax day, for the coming year of $135,400. On his property there is 

still an unattached garage 30 x 32, an inground pool and 3/4 of his attached garage is 

still standing. As of tax day his value was $135,400.” 

 

Respondent’s representative provided testimony that there was no issue with the 

proposed 2023 values based on the situs and status of the property on tax day 2023. 

 

FINDINGS OF FACT 

 

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

 

1. The subject property is located at 2620 S Sandusky Rd., Sandusky in Sanilac 

County. 

2. The subject property is classified as residential real. 

3. This case was originally heard on October 25, 2023. 

4. An Order for Rehearing was issued on December 20, 2023. 

5. The subject property’s home burned down on January 9, 2023. 

6. Petitioner submitted no evidence of value. 

7. Respondent valued the subject property using the mass appraisal cost approach 

and submitted the 2023 property record card, ECF analysis, and land analysis in 

support of this approach. 

 

CONCLUSIONS OF LAW 

 

 

10 MCL 211.2(2).

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MTT Docket No. 23-000882 

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A proceeding before the Tax Tribunal is original, independent, and de novo.11 The 

Tribunal's factual findings are to be supported by competent, material, and substantial 

evidence.12 

 

Further, “[i]t is the duty of the [T]ax [T]ribunal to select the approach which provides the 

most accurate valuation under the circumstances of the individual case.”13 In doing so, 

the Tribunal shall consider the three most common approaches to valuation - the 

capitalization of income approach, the sales comparison or market approach, and the 

cost-less-depreciation approach.14 

 

2023 Tax Year 

 

Income Approach 

 

“In the income capitalization approach, the present value of the anticipated future 

benefits of property ownership is measured. . . . In direct capitalization, the relationship 

between one year’s income and value is reflected in either a capitalization rate or an 

income multiplier.”15 The subject property is a single-family home; therefore, the income 

approach is irrelevant. 

 

Sales Comparison Approach 

 

“The sales comparison approach is most useful when a number of similar properties 

have recently been sold or are currently for sale in the subject property’s market.”16 

Neither party submitted the sales comparison approach to value. 

 

Cost Approach 

 

The cost approach “is particularly useful in valuing new or nearly new improvements 

and properties that are not frequently exchanged in the market.”17 Further, it is more 

useful when “a lack of market activity limits the usefulness of the sales comparison 

approach” and it is “especially persuasive when land value is well supported and the 

improvements are new or suffer only minor depreciation . . . .”18 

As stated in the Proposed Order for Rehearing: 

 

[T]he subject property is, by law, correctly valued as of December 31, 2022. 

MCL 211.2 specifically states that “the taxable status of persons and real 

 

11 MCL 205.735a(2). 

12 See Antisdale v City of Galesburg, 420 Mich 265, 277; 362 NW2d 632 (1984); Dow Chemical Co v 

Dep’t of Treasury, 185 Mich App 458, 462-463; 462 NW2d 765 (1990). 

13 Antisdale at 277; citing Pantlind Hotel Co v State Tax Comm, 3 Mich App 170; 141 NW2d 699 (1966). 

14 See Meadowlanes Ltd Dividend Housing Ass’n v City of Holland, 437 Mich 473, 484-485; 473 NW2d 

636 (1991); Pantlind Hotel Co, supra. 

15 Id. 

16 The Appraisal of Real Estate at 36. 

17 Appraisal Institute: The Appraisal of Real Estate (Chicago, Appraisal Institute, 15th ed, 2020), p. 36. 

18 The Appraisal of Real Estate at 530.

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MTT Docket No. 23-000882 

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and personal property for a tax year shall be determined as of each 

December 31 of the immediately preceding year, which is considered the 

tax day, any provisions in the charter of any city or village to the contrary 

notwithstanding.”19 The Michigan Supreme Court has repeatedly held that 

“the use of ‘shall’ in a statute generally indicates a mandatory and 

imperative directive.”20 Consequently, it is irrelevant for assessment 

purposes that the property burned down a mere nine days later.21 

 

While it is unfortunate Petitioner’s home burned down a mere nine days into the 2023 

calendar year, the home existed on December 31, 2022, and must be assessed for the 

2023 tax year. The record card evidences Respondent’s cost-less-depreciation 

approach to value, which includes market adjustments through the use of an ECF. 

Respondent’s cost approach provides sufficient analysis of replacement costs, 

depreciation, and land value for the subject property, as supported by Respondent’s 

land value studies. Respondent’s cost approach appears to have been completed in 

conformance with the State Assessor’s Manual. As a result, the cost approach best 

values the subject property and is the most reliable evidence in this case. 

 

Based upon the findings of fact and conclusions of law, the property’s TCV, SEV, and 

TV for the 2023 tax year at issue is as listed in the Summary of Judgment section of this 

Final Opinion and Judgment. 

 

2024 Tax Year 

 

The petitioner has “the burden of proof in establishing the TCV of the property” under 

MCL 205.737(3).22 The Michigan Court of Appeals stated in Alhi Dev Co v Orion Twp,23 

that the petitioner must prove, by the greater weight of evidence, that one or more of the 

assessments in question were too high based upon the Tax Tribunal’s findings as to the 

true cash value.” The petitioner’s burden “encompasses two separate concepts”: (1) 

the burden of persuasion; and (2) the burden of going forward with the evidence.24 

 

Generally, in a valuation case, to meet the burden of going forward with the evidence, 

the petitioner must present evidence for the Tribunal to consider in making its 

independent determination of value.25 Neither party provided any relevant evidence of 

value for the 2024 tax year. “The Tribunal may not automatically accept a respondent's 

assessment, but must make its own findings of fact and arrive at a legally supportable 

 

19 Id. (emphasis added). See also Lockhart v Ontonagon Twp, 341 Mich App 588; 991 NW2d 261 (2022) 

and 

Vukich v City of St. Clair Shores, Unpublished per curiam opinion of the Court of Appeals, issued July 29, 

2021 (Docket No. 354252). 

20 Michigan Educ Ass'n v Sec'y of State, 489 Mich 194, 218 (2011) (quotation marks and citation omitted). 

21 Proposed Order for Rehearing, p 4. 

22 See also Kern v Pontiac Twp, 93 Mich App 612, 620; 287 NW2d 603 (1979). 

23 Alhi Dev Co v Orion Twp, 110 Mich App 764, 768; 314 NW2d 479 (1981). 

24 Jones & Laughlin Steel Corp v City of Warren, 193 Mich App 348, 355; 483 NW2d 416 (1992). 

25 See Jones & Laughlin.

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MTT Docket No. 23-000882 

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true cash value.”26 As such, the Tribunal shall sever the 2024 tax year, assign it a new 

docket number, and parties will be ordered to file pleadings specific to the 2024 tax 

year. 

 

JUDGMENT 

 

IT IS ORDERED that the 2024 tax year shall be SEVERED and assigned Docket No. 

24-003561. 

 

IT IS FURTHER ORDERED that Petitioner shall file a petition pertaining to the 2024 tax 

year within 21 days of the entry of this Order.27 The petition shall note the docket 

number assigned by the Tribunal for the 2024 tax year and if filed utilizing the Tribunal’s 

e-filing system, must be filed on the assigned 2024 docket number as a “Severed 

Petition.” 

 

IT IS FURTHER ORDERED that the Tribunal shall issue a Notice of Docket after receipt 

of Petitioner’s petition. 

 

IT IS FURTHER ORDERED that the officer charged with maintaining the assessment 

rolls for the 2023 tax year shall correct or cause the assessment rolls to be corrected to 

reflect the property’s true cash and taxable values within 20 days of entry of this Final 

Opinion and Judgment, subject to the processes of equalization.28 To the extent that 

the final level of assessment for a given year has not yet been determined and 

published, the assessment rolls shall be corrected once the final level is published or 

becomes known. 

 

IT IS FURTHER ORDERED that the officer charged with collecting or refunding the 

affected taxes shall collect taxes and any applicable interest or issue a refund within 28 

days of entry of this Final Opinion and Judgment. If a refund is warranted, it shall 

include a proportionate share of any property tax administration fees paid and penalty 

and interest paid on delinquent taxes. The refund shall also separately indicate the 

amount of the taxes, fees, penalties, and interest being refunded. A sum determined by 

the Tribunal to have been unlawfully paid shall bear interest from the date of payment to 

the date of judgment, and the judgment shall bear interest to the date of its payment. A 

sum determined by the Tribunal to have been underpaid shall not bear interest for any 

time period prior to 28 days after the issuance of this Final Opinion and 

Judgment. Pursuant to MCL 205.737, interest shall accrue (i) after December 31, 2013, 

through June 30, 2016, at the rate of 4.25%, (ii) after June 30, 2016, through December 

31, 2016, at the rate of 4.40%, (iii) after December 31, 2016, through June 30, 2017, at 

 

26 Jones & Laughlin Steel Corp v City of Warren, 193 Mich App 348, 355; 483 NW2d 416 (1992) (Citing 

Pinelake Housing Cooperative v Ann Arbor, 159 Mich App 208, 220; 406 NW2d 832 (1987)); 

Consolidated Aluminum Corp v Richmond Twp, 88 Mich App 229, 232-233; 276 NW2d 566 (1979)). 

27 Alternatively, the petition may be downloaded from the Tribunal’s website and mailed to the Tribunal via 

United States Postal Service at: Michigan Tax Tribunal, PO BOX 30232, Lansing, MI 48909. The petition 

may also be delivered to the Tribunal via overnight carrier (UPS, FedEx, or DHL) at: Michigan Tax 

Tribunal, 2nd Floor MTT, 2407 N. Grand River Avenue, Lansing, MI 48933. 

28 See MCL 205.755.

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MTT Docket No. 23-000882 

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the rate of 4.50%, (iv) after June 30, 2017, through December 31, 2017, at the rate of 

4.70%, (v) after December 31, 2017, through June 30, 2018, at the rate of 5.15%, (vi) 

after June 30, 2018, through December 31, 2018, at the rate of 5.41%, (vii) after 

December 31, 2018 through June 30, 2019, at the rate of 5.9%, (viii) after June 30, 

2019 through December 31, 2019, at the rate of 6.39%, (ix) after December 31, 2019, 

through June 30, 2020, at the rate of 6.40%, (x) after June 30 2020, through December 

31, 2020, at the rate of 5.63%, (xi) after December 31, 2020, through June 30, 2022, at 

the rate of 4.25%, (xii) after June 30, 2022, through December 31, 2022, at the rate of 

4.27%, (xiii) after December 31, 2022, through June 30, 2023, at the rate of 5.65%, (xiv) 

after June 30, 2023, through December 31, 2023, at the rate of 8.25%, (xv) after 

December 31, 2023, through June 30, 2024, at the rate of 9.30%, and (xvi) after June 

30, 2024, through December 31, 2024, at the rate of 9.50%. 

 

This Final Opinion and Judgment resolves all pending claims in this matter and closes 

this case. 

 

APPEAL RIGHTS 

If you disagree with the final decision in this case, you may file a motion for 

reconsideration with the Tribunal or a claim of appeal with the Michigan Court of 

Appeals. 

 

A motion for reconsideration must be filed with the Tribunal with the required filing fee 

within 21 days from the date of entry of the final decision. Because the final decision 

closes the case, the motion cannot be filed through the Tribunal’s web-based e-filing 

system; it must be filed by mail or personal service. The fee for the filing of such 

motions is $50.00 in the Entire Tribunal and $25.00 in the Small Claims Division, unless 

the Small Claims decision relates to the valuation of property and the property had a 

principal residence exemption of at least 50% at the time the petition was filed or the 

decision relates to the grant or denial of a poverty or disabled veterans exemption and, 

if so, there is no filing fee. You are required to serve a copy of the motion on the 

opposing party by mail or personal service or by email if the opposing party agrees to 

electronic service, and proof demonstrating that service must be submitted with the 

motion. Responses to motions for reconsideration are prohibited and there are no oral 

arguments unless otherwise ordered by the Tribunal. 

 

Alternatively, you may file a claim of appeal with the Michigan Court of Appeals. If the 

claim is filed within 21 days of the entry of the final decision, it is an “appeal of right.” If 

the claim is filed more than 21 days after the entry of the final decision, it is an “appeal 

by leave.” A copy of the claim of appeal must be filed with the Tribunal to certify the 

record on appeal. There is no certification fee. 

 

 

 

 

 

 

 

By _______________________________________ 

Date Entered by Tribunal:

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MTT Docket No. 23-000882 

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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 provide by those parties, attorneys, or authorized 

representatives. 

 

By: Tribunal Clerk

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