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24-003423 Exemption.pdf

Courser Community Center Inc, Petitioner V Township Of Rolland, Respondent · 24-003423-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 

Courser Community Center Inc,1 

 

 

MICHIGAN TAX TRIBUNAL 

Petitioner, 

 

 

 

 

 

SMALL CLAIMS DIVISION 

 

MTT Docket No. 24-003423 

 

 

 

 

 

 

 

 

v 

 

 

 

 

 

 

 

Case Type: Charitable Exemption 

 

Rolland Township, 

 

 

 

 

Presiding Judge 

 

Respondent. 

 

 

 

 

Jason C. Grinnell 

 

 

 

 

ORDER UPDATING DOCKET 

 

Upon agreement by the respective parties at hearing, the docket is updated to reflect 

Courser Community Center Inc as Petitioner in this matter. 

 

FINAL OPINION AND JUDGMENT 

 

Location of Hearing: 

 

 

Telephonic 

Hearing Held on: 

 

 

 

May 6, 2025 

Appearances on Behalf of Petitioner: 

Rolland Courser and Kimberly Smith 

Appearances on Behalf of Respondent: Denise Hall, Assessor 

 

SUMMARY OF JUDGMENT 

 

The subject property is not granted an exemption for the 2024 tax year. 

 

The subject property’s taxable value (TV), for the tax year at issue, is as follows: 

 

 

Parcel Number: 12-050-32-041-00 

Year

TV

2024

$55,650

 

PROCEDURAL HISTORY 

 

Petitioner applied to the March Board of Review (BOR) for a charitable exemption under 

MCL 211.7o. The BOR denied Petitioner’s exemption because the property was not 

being used. 

 

 

1 The original petition incorrectly lists Rolland J Courser as Petitioner. At hearing, the parties agreed the 

correct Petitioner is Courser Community Center Inc. and had no objection to the Tribunal updating the 

docket to reflect such.

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MTT Docket No. 24-003423 

Page 2 of 11 

 

Petitioner filed a petition with the Tribunal on May 29, 2024, and Respondent filed its 

answer on October 3, 2024. 

 

The amount of the 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.2 

 

ISSUES AND APPLICABLE LAW 

 

The issue in this matter is whether Petitioner’s property qualifies for a property tax 

exemption pursuant to MCL 211.7o as a tax-exempt organization. 

 

The petitioner must prove, by a preponderance of the evidence, that it is entitled to an 

exemption.3 

 

MCL 211.7o provides, in pertinent part: 

 

 (1) Real or personal property owned and occupied by a nonprofit 

charitable institution while occupied by that nonprofit charitable 

institution solely for the purposes for which that nonprofit charitable 

institution was incorporated is exempt from the collection of taxes 

under this act. 

 

Pursuant to R 792.10133, after hearing, the Tribunal must issue a final decision in 

writing. Additionally, “[a] written final decision shall include separate sections entitled 

“findings of fact” and “conclusions of law.’” Findings of fact “shall include a concise 

statement of the underlying supporting facts” that are “based exclusively on the 

evidence.”4 Consequently, the Tribunal has not addressed every piece of evidence or 

every inference that might lead to a conflicting conclusion and has rejected evidence 

contrary to its findings. Furthermore, “[e]ach conclusion of law shall be supported by 

authority or reasoned opinion.”5 Accordingly, the Tribunal will outline the summary of 

evidence, findings of facts, and conclusions of law, before ultimately rendering 

judgment. 

 

SUMMARY OF EVIDENCE 

 

A. Petitioner’s Evidence 

 

Petitioner’s contention of TV: 

 

Parcel Number: 12-050-32-041-00 

Year

TV

2024

$0 – Exempt under MCL 211.7o

 

2 See MCL 205.762(1). 

3 See ProMed Healthcare v Kalamazoo, 249 Mich App 490; 644 NW2d 47 (2002). 

4 See also MCR 2.517(a). 

5 Id.

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MTT Docket No. 24-003423 

Page 3 of 11 

 

The exhibits offered by Petitioner may be viewed on lines 1 and 8 of the docket 

maintained in this case.6 

 

No exhibits were excluded from evidence. 

 

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

that the subject property is tax exempt under MCL 211.7o. 

 

At hearing, Petitioner, Rolland Courser, testified that he purchased the subject property 

with the intent to donate the building back to the local community. The subject property 

is a former school with a gymnasium and the intent was to transform the building into a 

community center. Mr. Courser testified that the former owner of the property was tax-

exempt, and he does not understand why that did not carry over after he purchased the 

property. 

 

Mr. Courser testified that he purchased the property in 2020 for approximately $45,000 

and received a tax exemption that year and the following year. In 2023, Respondent 

revoked the exemption after determining the property was not being used. Mr. Courser 

testified that there are often people working at the property, but there are many 

problems such as asbestos, break-ins which caused extensive damages, and the 

gymnasium roof is leaking. 

 

Kimberly Smith also testified at hearing, stating that the overall project to get the 

building back to satisfactory repair was larger than expected and a substianal amount of 

money needed to be raised for the repairs. Ms. Smith testified that she had no idea how 

many years it was going to take to restore the building. Although there was a lot of initial 

enthusiasm from the community, that enthusiasm slowly faded after break-ins and 

additional costs. Ms. Smith testified that they initially believed it might take 10 or more 

years to come up with the approximately $500,000 that was needed to fully repair and 

transform the building into a community center. Ms. Smith testified that they had 

fundraisers and community events to raise funds, but those events did not occur at the 

subject property. 

 

In the end, there was not enough money readily available to transform the building into 

a community center, and the property was deeded back to Mr. Courser in November 

2024. Ms. Smith testified that it was their understanding the building would remain tax 

exempt while it was in the process of being repaired and because the former owner was 

never using it but was granted an exemption. 

 

 

 

 

 

 

 

6 The docket is located on the Tribunal’s website at Tax Docket Lookup Search Page and may be 

accessed by entering the docket number assigned to this case.

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MTT Docket No. 24-003423 

Page 4 of 11 

 

B. Respondent’s Evidence 

 

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

 

Parcel Number: 12-050-32-041-00 

Year

TV

2024

$55,650

 

The exhibits offered by Respondent may be viewed on line 9 of the docket maintained 

in this case.7 

 

No exhibits were excluded from evidence. 

 

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

that the subject property is not occupied and therefore does not qualify for an exemption 

under MCL 211.7o. 

 

Ms. Hall testified that she was supportive and excited about Petitioner’s intent to 

transform the building into a community center. Ms. Hall testified that she granted the 

tax exemption for tax years 2021 and 2022 to give Petitioner some time to repair the 

building for use. However, after granting the exemption for two years, Ms. Hall testified 

that the building was not being occupied or used and was therefore required to follow 

the law and revoke the exemption for the 2023 tax year. 

 

Ms. Hall testified that the former owner of the property was also a 501(c)(3) that 

provided veteran’s services and goods by appointment only. In closing, Ms. Hall testified 

that she was supportive of Petitioner’s intentions, but is also required to follow the law, 

and therefore revoked the exemption in 2023, because the building was not being used. 

 

FINDINGS OF FACT 

 

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

 

1. The subject property is located at 405 Fourth Street, Blanchard, Michigan in 

Isabella County. 

2. The subject property is classified as commercial. 

3. At hearing, the parties agreed to substitute Courser Community Center Inc. as 

Petitioner in place of Rolland J. Courser. 

4. The subject property is a former elementary school that was purchased by the 

Rolland J Courser Trust in 2020, for $45,000. In August 2021, the subject 

property was quit claimed to the Courser Community Center Inc. with the intent 

to convert it into a community center. In November 2024, the subject property 

was quit claimed back to the Rolland J Courser Trust. 

 

7 The docket is located on the Tribunal’s website at Tax Docket Lookup Search Page and may be 

accessed by entering the docket number assigned to this case.

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MTT Docket No. 24-003423 

Page 5 of 11 

 

5. The subject property was granted a tax exemption for the 2021 and 2022 tax 

years. In 2023, the exemption was revoked and not appealed by Petitioner. 

6. Petitioner owned the subject property during the 2024 tax year. 

7. Petitioner is a 501(c)(3) non-profit. 

8. Petitioner admitted the building was not usable in its petition by stating, “[w]e 

started with the following problems that MUST be completed prior to having any 

use of the buildings….” 

9. Photographic evidence shows, and Petitioner’s representatives admit, that the 

property is not habitable or capable of being used in its current condition. 

10. In paragraph 5 of Petitioner’s petition, Petitioner admitted that the subject 

property needed a new roof, the heating system was not functional, and all of the 

windows and toilet fixtures were broken as a result of a break-in. 

11. Petitioner did not provide any evidence of charity for the 2024 tax year. 

12. Petitioner did not occupy the subject property as required by law for the 2024 tax 

year. 

 

CONCLUSIONS OF LAW 

 

The following authority and reasoned opinion supports the Tribunal’s determination: 

 

All of the evidence submitted by the parties was considered in reaching a decision in 

this case. However, if specific evidence is not discussed in this section of the Opinion 

and Judgment, the presiding judge has determined that this evidence was given no 

weight or credibility. Only evidence determined to have relevance in reaching a decision 

in this case is discussed below. 

 

Under the General Property Tax Act, “all property, real and personal, within the 

jurisdiction of this state, not expressly exempted, shall be subject to taxation.”8 

In this case, Petitioner argues that the subject property should be exempt from taxation 

under MCL 211.7o(1). “Tax exemptions are strictly construed in favor of the taxing 

authority . . . and the petitioner has the burden to prove, by a preponderance of the 

evidence, that he or she is entitled to the requested exemption. . . .”9 

 

In this case, Petitioner submits that the subject property is exempt from taxation 

because it was declared a non-profit 501(c)(3) exempt organization by the IRS and 

Petitioner purchased the subject property with the intent to convert the building into a 

community center. However, in Michigan, an entity’s federal income tax status is not a 

determining factor for exemption from Michigan property taxes. The Michigan standard 

for a charitable exemption is more rigorous than the federal standard. Accordingly, not 

every Michigan non-profit corporation qualifies for an exemption under MCL 211.7o(1). 

 

 

 

 

 

8 See MCL 211.1. 

9 See Spranger v City of Warren, 308 Mich App 477, 479; 865 NW2d 52 (2014).

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MTT Docket No. 24-003423 

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Exemption under MCL 211.7o(1) 

 

MCL 211.7o(1) provides: 

 

Real or personal property owned and occupied by a nonprofit 

charitable institution while occupied by that nonprofit charitable 

institution solely for the purposes for which that nonprofit charitable 

institution was incorporated is exempt from the collection of taxes 

under this act. [Emphasis added.] 

 

The Michigan Supreme Court has held that a taxpayer seeking an exemption under 

MCL 211.7o(1) must establish the following three elements to qualify for the exemption: 

 

(1) The real estate must be owned and occupied by the exemption claimant; 

 

(2) The exemption claimant must be a nonprofit charitable institution; and 

 

(3) The exemption exists only when the buildings and other property thereon 

are occupied by the claimant solely for the purposes for which it was 

incorporated.10 

 

(1) The real estate must be owned and occupied by the exemption claimant 

 

Regarding the first element, it is undisputed that Petitioner owns the property under 

appeal. Next, the Tribunal must determine whether or not Petitioner occupied the 

subject property. In Liberty Hill Housing Corp, the Michigan Supreme Court concurred 

with the dictionary definition of “occupy” utilized by the Court of Appeals, namely that for 

property owned by a charitable institution, “the charitable institution must at a minimum 

have a regular physical presence on the property.” As noted in the 2024 BOR denial 

decision, the subject property is a “charitable org[azation] owned but not being used.“11 

 

In this case, Petitioner purchased the abandoned school building with the intent to 

convert the building into a community center. Petitioner provided evidence of a sporadic 

presence at the property consisting of interior and exterior maintenance, yardwork, 

debris removal, and the hosting of fundraisers. Further, the photographic evidence 

supports the fact that the building is in serious disrepair and incapable of being used 

without first making necessary repairs. Although Petitioner provided some evidence of 

its presence at the subject property, Petitioner did not provide any affidavits or exhibits 

to specifically establish a regular presence on the subject property as it relates to the 

2024 tax year. Further, Petitioner’s representatives admit the subject property was 

incapable of being occupied until repairs were made. Further, Petitioner offered no 

definitive date for which the subject property would reopen, and although the closure 

was said to be only temporary, the property remained closed during the 2024 tax year at 

issue in this case. Based on the evidence presented and for the reasons outline above, 

 

10 Wexford Med Group v City of Cadillac, 474 Mich 192, 203; 713 NW2d 734 (2006). 

11 See Tax Docket Lookup, line #9, 2024 BOR Decision, page 32.

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MTT Docket No. 24-003423 

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the Tribunal finds that Petitioner has not proven by a preponderance of the evidence 

that it meets the occupancy requirement by maintaining a regular physical presence on 

the property for the 2024 tax year. [Emphasis added.] 

 

(2) The exemption claimant must be a nonprofit charitable institution 

 

The second element concerns whether Petitioner qualifies as a “nonprofit charitable 

institution.”12 The meaning of “charitable institution” is not legislatively defined, but our 

Supreme Court set forth a six-factor Wexford test to evaluate whether an entity should 

be considered a “charitable institution” for purposes of the exemption: 

 

(1) A “charitable institution” must be a nonprofit institution. 

 

(2) A “charitable institution” is one that is organized chiefly, if not solely, 

for charity. 

 

(3) A “charitable institution” does not offer its charity on a discriminatory 

basis by choosing who, among the group it purports to serve, deserves 

the services. Rather, a “charitable institution” serves any person who 

needs the particular type of charity being offered. 

 

(4) A “charitable institution” brings people’s minds or hearts under the 

influence of education or religion; relieves people’s bodies from disease, 

suffering, or constraint; assists people to establish themselves for life; 

erects or maintains public buildings or works; or otherwise lessens the 

burdens of government. 

 

(5) A “charitable institution” can charge for its services as long as the 

charges are not more than what is needed for its successful 

maintenance. 

 

(6) A “charitable institution” need not meet any monetary threshold of 

charity to merit the charitable institution exemption; rather, if the overall 

nature of the institution is charitable, it is a “charitable institution” 

regardless of how much money it devotes to charitable activities in a 

particular year.13 

 

Accordingly, the Tribunal must analyze the above six factors established in Wexford to 

determine whether Petitioner qualifies as a “charitable institution.” 

 

There is no dispute that Petitioner is incorporated as a nonprofit corporation and 

therefore the Tribunal finds that Petitioner meets the first Wexford factor. 

 

 

12 Id. at 203. 

13 Wexford at 215.

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MTT Docket No. 24-003423 

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Because Wexford factors two, three, and four overlap, the Tribunal will address these 

factors together. The Michigan Supreme Court has defined “charity” as: 

 

[A] gift, to be applied consistently with existing laws, for the benefit of an 

indefinite number of persons, either by bringing their minds or hearts under 

the influence of education or religion, by relieving their bodies from disease, 

suffering or constraint, by assisting them to establish themselves for life, or 

by erecting or maintaining public buildings or works or otherwise lessening 

the burdens of the government.14 

 

Petitioner’s Articles of Incorporation provide that the purposes for which Petitioner was 

organized are as follows: 

 

Courser Community Center, Inc. is a nonprofit organization organized 

exclusively for charitable and educational purposes to provide residents of 

Blanchard, Michigan with assistance for food, clothing, and recreational and 

enrichment activities. We provide opportunities for all people, regardless of 

income, the ability to exercise, learn about physical health, and have access 

to food and other necessary items.15 

 

Accordingly, to be considered a charitable institution, Petitioner must provide a gift that 

benefits an indefinite number of people. Although Respondent graciously provided 

Petitioner with time to complete repairs by exempting the subject property for tax years 

2021 and 2022, Respondent eventually revoked the exemption and placed the subject 

property back on the roll in 2023 after determining the property was not being used. 

 

Again, it is undisputed that the subject property was in serious disrepair when Mr. 

Courser purchased the property and needed significant work before it could open as a 

community center. It is further undisputed that shortly after Mr. Courser purchased the 

property, the building was vandalized, resulting in further disrepair. Moreover, 

Petitioner’s representatives admit in their petition that, “[w]e started with the following 

problems that MUST be completed prior to having any use of the buildings” and went on 

to list the specific problems along with the estimated cost for repairs.16 Further, 

Petitioner provided photographic evidence showing the complete disrepair of the interior 

of the building which the Tribunal finds supports Petitioner’s representatives’ testimony 

that the subject property was incapable of being used until repairs were completed. 

 

Although Petitioner’s representatives testified at hearing that they believed the property 

would be tax exempt for whatever time period they needed to complete repairs, they 

provided no legal authority to support their position. “An appellant may not merely 

announce his position and leave it to this Court to discover and rationalize the basis for 

 

14 Wexford at 211. 

15 See Tax Docket Lookup, line #9, Articles of Incorporation, page 23. 

16 See Tax Tribunal Lookup, line #1, Petitioner’s petition, page 2, paragraph 5.

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MTT Docket No. 24-003423 

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his claims, nor may he give issues cursory treatment with little or no citation of 

supporting authority.”17 

 

Further, Petitioner did not provide any evidence to support that it offered any charity at 

the subject property and there is no evidence the subject property was used or offered 

for the benefit of the public. By Petitioner’s representatives’ own admissions, the subject 

property was not open to the public and incapable of being used in its current state of 

disrepair. 

 

Although the Tribunal commends Mr. Courser and believes he had the best intentions to 

transform the property into a community center, “the Tax Tribunal is a quasi-judicial 

agency, and its powers are limited to those authorized by statute, which do not include 

equitable power.”18 Accordingly, the Tribunal is required to follow the law. Thus, while 

the reason why the subject property was closed is understandable, the result is that 

Petitioner did not offer its charity to anyone during the tax year at issue. Accordingly, the 

Tribunal finds that Petitioner has not met the third and fourth Wexford factors. The 

Tribunal finds it is unnecessary to discuss the remaining Wexford factors because all six 

Wexford factors must be met for an organization to be considered a charitable institution 

under MCL 211.7o. 

 

Accordingly, based on the testimony, evidence, and for the reasons outlined herein, the 

Tribunal finds that Petitioner has not met its burden by a preponderance of the evidence 

and therefore the subject property is not exempt from taxation under MCL 211.7o for the 

2024 tax year. 

 

IT IS ORDERED that the docket shall be UPDATED to reflect Courser Community 

Center Inc as the proper Petitioner in this case. 

 

JUDGMENT 

 

IT IS ORDERED that the officer charged with maintaining the assessment rolls for the 

tax year at issue shall correct or cause the assessment rolls to be corrected to reflect 

the property’s exemption within 20 days of entry of this Final Opinion and Judgment, 

subject to the processes of equalization.19 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 

 

17 Houghton ex rel Johnson v Keller, 256 Mich App 336, 339; 662 NW2d 854 (2003) (citations omitted). “ 

18 Federal Mogul Corp. v. Dep't of Treasury, 161 Mich App 346; 411 NW2d 169 (1987). 

19 See MCL 205.755.

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MTT Docket No. 24-003423 

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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 

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%, (xvi) after June 30, 

2024, through December 31, 2024, at the rate of 9.50%, and (xvii) after December 31, 

2024, through June 30, 2025, at the rate of 9.47%, through December 31, 2025, at the 

rate of 8.66%. 

 

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.

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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 _______________________________________ 

 

Entered: September 3, 2025 

jcg 

 

 

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 provided by those parties, attorneys, or authorized 

representatives. 

 

By: Tribunal Clerk

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