Jones.pdf
Jenna Jones, Damien Hernandez, Petitioners V Township Of Brighton, Respondent · 26-000353-TT
Text extracted from the reviewed PDF, organized by page. OCR and reading order may contain errors; confirm details in the PDF below.
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RECEIVED
ber
TranInfo:4606
26098711-1
02/25/26
FEB 26 2026
seal
Chk:
2100
put: $100.00
es {
1D:
LAY OFFICES OF KIMBERLY J BOWLIN PLLC
MICHIGAN TAX TRIBUNAL
“are?
STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON I. BROWN, DPA
GOVERNOR
LANSING
DIRECTOR
PROPERTY TAX APPEAL PETITION FORM
SPECIAL ASSESSMENT
Do not use this form to appeal valuation, exemption, or non-property tax disputes.
Section 1: Petitioner’s Contact Information
First Name
M.I.
Last Name/Company Name
JENNA
JONES
Mailing Address (No., Street, P.O. Box or Rural Route)
12619 Ridgecrest Lane
City or Town
State
ZIP Code
Milford
MI
48380
Telephone Number
Email Address (do not enter unless you want MTT to send all correspondence via email)
khamman@bowlinlawoffice.com
Section 2: Petitioner’s Attorney/Authorized Representative’s Contact Information
First Name
M.I.
Last Name
Kimberly
J
Bowlin-Hamman
Firm Name (if any)
LAW OFFICES OF KIMBERLY J. BOWLIN, PLLC
Mailing Address (No., Street, P.O. Box or Rural Route)
5058 S OLD US HGWY 23
City or Town
State
ZIP Code
BRIGHTON
mi
48114
Telephone Number
810-844-2520
Email Address (do not enter unless you want MTT to send all correspondence via email)
KHAMMAN@BOWLINLAWOFFICE.COM
Section 3: Subject Property Information
How many parcels are you
If you are appealing more than one parcel, are they contiguous or adjoining?
appealing?
ONE
J Yes
O No
*If No, you must file separate appeals for each parcel
Parcel Identification Number(s):
4712-02-400-026
Classification of Property:
Real]
Personal [J (check one)
Agricultural (J
Commercial [1
Industrial (J
Residential [4
~~ Timber-Cutover [J
~~ Developmental [J
Utility [J (check one)
Property Address (No., Street)
12619 RIDGECREST LANE
City or Town
County
State
ZIP Code
MILFORD
LIVINGSTON
MI
48380Page 2
STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR Section 4: Explain the Reason for this Appeal Please see the attached. Section 5: Jurisdictional Issues Did you protest the special assessment at the hearing held to confirm the special assessment roll? Yes O No If Yes, what was the date of the hearing held to confirm the special assessment roll? January 26, 2026 If No, explain: Fee Information: A fee of $100.00 is required for the filing of a Special Assessment Appeal. Signature *required ~~ / Pettisgerod) ey/Authorized Representa iVe’s ature: =, RE — EE iw eT 2 a Ve [= Wiinherly T+ Baiwdin - Jiman , 175 — 7 4 Denna Jones “Basen H- Carele 7,
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LAW OFFICES OF KIMBERLY J. BOWLIN, PLLC KIMBERLY J. HAMMAN, Esq. GRETCHEN HERTZ, Esa. February 23, 2026 Michigan Tax Tribunal 611 W Ottawa St. Post Office Box 30232 Lansing, MI 48909 Charter Township of Brighton 4363 Buno Road Brighton, MI 48114 Re: Brighton Township Special Assessment Appeal Damian Fernandez and Jenna Jones 12619 Ridgecrest Lane, Milford, MI 48380 Property Identification Number 4712-02-400-026 To Whom It May Concern: | am writing on behalf of Damian Fernandez and Jenna Jones, who reside at 12619 Ridgecrest Lane, Milford, Ml. Mr. Fernandez and Ms. Jones are hereby appealing the inclusion of the above referenced Special Assessment District. The property located at 12619 Ridgecrest Lane (“the Property”) is located in the Charter Township of Brighton. The Property is one of several parcels that were the subject of a land division. Pursuant to Brighton Township ordinances, a private road was necessitated. The Brighton Township ordinances, require the following: 16-04 Private Roads (7) A copy of a Private Road Maintenance Agreement which provides for the financial and administrative mechanisms to ensure maintenance of the
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MTT/Brighton Township SAD Appeal 12619 Ridgecrest Lane, Milford MI February 23, 2026 Page 2 of 3 Attached attached is copy of the recorded Declaration of Easement and Easement Maintenance Agreement pertaining to Ridgecrest Lane (the “Agreement”). Paragraph 9 of the Agreement states, “(9) Only those owners of affected parcels specifically agreeing in writing shall be obligated to contribute to the cost of paving the easement.” Paragraph 11 of the Agreement goes on to state, “(11) Subject to Paragraph (9) above, the owners of any affected parcel shall not be obligated to contribute to the cost of improvements unless a vote of 80% of the affected parcels agree in writing to the improvement. Should the requisite vote for an improvement be obtained, the notice, costs, payment and lien provisions contained in Paragraph (12) shall apply.” As noted, Paragraph 11 is subject to Paragraph 9 and that Paragraph 9 takes precedent. In interpreting contracts, the specific takes precedent over the general. Paragraph 11 specifically makes its provisions subject to the provisions in Paragraph 9. Since my clients did not specifically agree in writing to contribute to the cost of paving the easement, they are not obligated to contribute to the cost thereof. It is clear that this interpretation is the most logical way to interpret Paragraphs 9 and 11. If Paragraph 11 was not subject to Paragraph 9 in this case, then Paragraph 12 would be applicable as to the “notice, costs, payment and lien provisions.” In other words, not only would the SAD procedures apply, the specific procedures delineated in Paragraph 12 as to notice and payment would also apply, redundant as they may be. In other words, further steps would have to be taken. Obviously, when the draftor was drafting this Agreement, an SAD was not contemplated or the Agreement would have specifically excluded Paragraph 9 in a situation such as this or, alternatively, Paragraph 9 would have stated that a Petition pursuant to Public Act 188 of 1954 is an exception. In other words, Paragraph 9 would have read: “With the exception of the establishment of a special assessment district
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MTT/Brighton Township SAD Appeal 12619 Ridgecrest Lane, Milford Ml February 23, 2026 Page 3 of 3 Petitioner(s) did appear before the Township and object to the special assessment district. tis my understanding that the letter attached as Exhibit B was read into the record. Nevertheless, the assessment roll, inclusive of my clients’ property, was included in the district roll that was confirmed on January 26, 2026. (Exhibit C.) In addition to the foregoing, in order to be determined valid, special assessments must meet two legal requirements: (1) the improvement subject to the special assessment must confer a benefit on the assessed property and not just the community as a whole and (2) the amount of the special assessment must be reasonably proportionate to the benefit derived from the improvement.” Michigan's Adventure, Inc. v. Dalton Twp., 290 Mich App 328, 335 (2010). There is no argument that can be made that the market value of this property is increased as a result of this assessment since so little of the private road is traveled to reach Petitioners’ driveway. In this case, Petitioners do not reasonably derive a benefit from this special assessment and should be excluded. In the alternative, the assessment must be reduced based on Petitioners’ portion of the benefit. The total linear footage of the private road is approximately 2640 feet (about a % mile). Petitioners’ driveway is located, at its furthest distance, only 329 feet from the beginning of the private road (not even 1/10 of a mile). In other words, Petitioners are being assessed over eight (8) times the benefit they are potentially receiving and assessed equally to the amount the property owners at the end of the road are being assessed. Petitioners respectfully request this tribunal modify the special assessment roll confirmed on January 26, 2026, to exclude 12619 Ridgecrest Lane, Milford, MI, tax identification number 4712-02-400-026 from said roll. In the alternative, Petitioners request this tribunal cancel the special assessment roll for the Ridgecrest Lane special assessment district. Thank you for your consideration in this matter. Very truly yours,
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AGENDA NOTES MEETING DATE: January 26, 2026 PERSON PLACING ITEM ON AGENDA: Assistant to the Township Manager AGENDA TOPIC: Public Hearing and Adoption of Resolution Confirming the Assessment Roll — Ridgecrest Lane Road Improvement Special Assessment District No. S-1-10-2025 EXPLANATION OF TOPIC: The final step in the process of creating a special assessment district for Ridgecrest Lane is approval of a resolution which confirms the assessment roll for the project. Prior to voting on the resolution, there must first be a public hearing on the assessment roll. The proposed assessment amount is $16,646.16 per parcel with a ten-year installment schedule. The proposed resolution states that interest will start accruing on June 1, 2026. The interest rate will be 5.40%. MATERIALS ATTACHED AS SUPPORTING DOCUMENTS: e Resolution 26-TBD e Assessment Roll e Supervisor’s Certification of the Roll RECOMMENDATION: Adopt resolution on assessment roll for SUGGESTED MOTION: Motion by , supported by to adopt Resolution 26- TBD confirming the assessment roll based for the Ridgecrest Lane Road Improvement S.A.D. Number S-1-10-2025. ROLL CALL VOTE REQUIRED? Yes
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RESOLUTION NO. 26- CHARTER TOWNSHIP OF BRIGHTON LIVINGSTON COUNTY, MICHIGAN RIDGECREST LANE ROAD IMPROVEMENT SPECIAL ASSESSMENT DISTRICT S-1-10-2025 Public Act 188 of 1954 Proceedings PRESENT: ABSENT: Motion by and seconded by to adopt Resolution 26-TBD confirming the assessment roll for the Ridgecrest Lane S.A.D. Number S-1-10-2025. WHEREAS, the Township Board of the Charter Township of Brighton, Livingston County, Michigan, after due and legal notice, has conducted a public hearing upon a proposed assessment roll prepared by the supervisor and assessing officer of the Township for the purpose of road improvements for the assessment of an estimate of the costs of $216,400 for project costs all within the proposed Special Assessment District No. S-I1-10-2025 as shown on the plans for such project. AND WHEREAS; such public hearing was preceded by proper notice in the Livingston County Daily Press & Argus, a newspaper of general circulation in the Township, and by First Class Mail notice to each property owner of record within said district and upon said assessment roll; TAX IDENTIFICATION NUMBERS: AND WHEREAS, comments were received from those present at such public hearing concerning said assessment roll and opportunity to all present to be heard in the matter; AND WHEREAS, a record of those present to protest, and of written protests submitted at or before the public hearing was made a part of the minutes of the hearing; AND WHEREAS, the Township Board has duly inspected the proposed assessment roll, alternate methods of apportioning the assessment, and considered all comments and proposed amendments thereto and has found the proposed assessment roll, as amended, to be correct, just and reasonable;
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Installments No. 1 through 10, due December 1, in the years 2026 through 2034, inclusive: $1,664.62 Installment No. 10, due December 1, in the year 2035, inclusive: $1,664.58 3. Unpaid installments for the project shall bear interest, payable annually on each installment due date, at a rate of 5.4%, or as otherwise determined by the Township Board in accordance Act 188, Public Acts of Michigan of 1954, as amended (“Act 188”). Interest on such unpaid installments shall accrue from June 1, 2026. 4. Pursuant to Section 12 of Act 188, the Township Board has the right to impose additional pro-rata assessments in the event that the assessments on the Special Assessment Roll prove insufficient for any reason, including the non-collection thereof, to pay for the improvement for which they were made or to pay the principal and interest on the bonds issued in anticipation of the collection of the special assessments. 5. The assessments made in said special assessment roll are hereby ordered and directed to be collected by the Township Treasurer, with billing to occur with the December tax bills. The Township Clerk shall deliver said special assessment roll to said Treasurer with a warrant attached, directing the Treasurer to collect such assessments in accordance with the direction of the Township Board and Act 188. 6. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same are hereby rescinded. 7. That the Township Board adopts Resolution 26-TBD confirming the assessment roll for the Ridgecrest Lane S.A.D. Number S-1-10-2025. AYES: NAYS: ABSENT: \ Joseph R. Riker, Clerk Patrick V. Michel, Supervisor CERTIFICATE I, Joseph R. Riker, Clerk of the Charter Township of Brighton, County of Livingston, Michigan, do hereby certify that the foregoing is a true and complete copy of the Resolution adopted by the Charter Township of Brighton
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12/18/2025 Special Assessment Roll for TOWNSHIP OF BRIGHTON Page: 1/2 0253 BM Roll for Year 2025 oh: Brighton;Sad Population: Special Assessment District (X3310) Special Population All Active Parcels Sp. District Parcel # Principal Interest Addtl Penlty Total Prin Bal Total Heading Owner Admin Fee Penalty Cert Fee Installment Payoff Int Payoff X3310 4712-02-300-014 0.00 0.00 0.00 16,646.16 16,646.16 RIDGECREST LN RD HOLINSKI GREGORY & DEBRA 0.00 0.00 12474 RIDGECREST LN MILFORD MI 48380 X3310 4712-02-300-015 0.00 0.00 0.00 16,646.16 16,646.16 RIDGECREST LN RD REFALO JULIAN & THERESA TRUST 0.00 0.00 12440 RIDGECREST LN MILFORD MI 48380 X3310 4712-02-300-016 0.00 0.00 0.00 16,646.16 16,646.16 RIDGECREST LN RD DINKEL ERIC 0.00 0.00 12406 RIDGECREST LN MILFORD MI 48380 X3310 4712-02-300-017 0.00 0.00 0.00 16,646.16 16,646.16 RIDGECREST LN RD HUFF FAMILY TRUST 0.00 0.00 12417 RIDGECREST LN MILFORD MI 48380 X3310 4712-02-300-018 0.00 0.00 0.00 16,646.16 16,646.16 RIDGECREST LN RD MCPHEE RONALD & MONICA 0.00 0.00 12451 RIDGECREST LN MILFORD MI 48380 X3310 4712-02-300-020 0.00 0.00 0.00 16,646.15 16,646.15 RIDGECREST LN RD GJOLAJ MARK 0.00 0.00 12479 RIDGECREST LN MILFORD MI 48380 X3310 4712-02-300-021 0.00 0.00 0.00 16,646.15 16,646.15 RIDGECREST LN RD DAROCZY JOSEPH & ANITA 0.00 0.00 12503 RIDGECREST LN MILFORD MI 48380 X3310 4712-02-400-013 0.00 0.00 0.00 16,646.15 16,646.15 RIDGECREST LN RD BAYERL JOHN 0.00 0.00 12671 RIDGECREST LN MILFORD MI 48380 X3310 4712-02-400-016 0.00 0.00 0.00 16,646.15 16,646.15 RIDGECREST LN RD DUROCHER DONALD & MICHELLE 0.00 0.00 12602 RIDGECREST LN MILFORD MI 48380 X3310 4712-02-400-023 0.00 0.00 0.00 16,646.15 16,646.15 RIDGECREST LN RD LIGGETT STEPHEN 0.00 0.00 12544 RIDGECREST LN MILFORD MI 48380 X3310 4712-02-400-024 0.00 0.00 0.00 16,646.15 16,646.15 RIDGECREST LN RD RUSSANO CHARLES & ELLEN 0.00 0.00 12516 RIDGECREST LN MILFORD MI 48380
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12/18/2025 Special Assessment Roll for TOWNSHIP OF BRIGHTON Page: 2/2 D253 BY Roll for Year 2025 He FRR Population: Special Assessment District (X3310) Special Population All Active Parcels Sp. District Parcel # Principal Interest Addtl Penlty Total Prin Bal Total Heading Owner Admin Fee Penalty Cert Fee Installment Payoff Int Payoff X3310 4712-02-400-025 0.00 0.00 0.00 16,646.15 16,646.15 RIDGECREST LN RD MURAWA GARY & LYNN 0.00 0.00 12533 RIDGECREST LN MILFORD MI 48380 %3310 4712-02-400-026 0.00 0.00 0.00 16,646.15 16,646.15 RIDGECREST LN RD JONES JENNA 0.00 0.00 12619 RIDGECREST LN MILFORD MI 48380 Total Parcels: 13 0.00 0.00 0.00 216,400.00 216,400.00 0.00 0.00
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1954 PA 188 Proceedings CERTIFICATE To the Clerk and Township Board Brighton Township Livingston County, Michigan Dear Officials: This is to certify that |, Patrick Michel, the Supervisor, has caused the Assessor of Record of Brighton Township, Livingston County, Michigan, to verify the parcels and assessment records for special assessment district S-1-10-2025, to be established for the purpose of road paving improvements in the proposed special assessment district for Ridgecrest Lane. | do hereby certify that the assessment roll was made pursuant to the resolution of the Township Board adopted on December 15, 2025, and that in making the assessment roll, according to my best judgment, has conformed in all respects to the directions contained in the resolution and the statutes of this state. Grr 2/30) 2025 Patrick Michel, Supervisor Date Charter Township of Brighton
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AGENDA NOTES MEETING DATE: December 15,2025 PERSON PLACING ITEM ON AGENDA: Assistant to the Township Manager AGENDA TOPIC: Public Hearing and Adoption of Resolution Establishing the District/Preparation of Assessment Roll — Ridgecrest Lane Road Improvement Special Assessment District No. S-1-10-2025 EXPLANATION OF TOPIC: Residents who live off of Ridgecrest Lane have presented petitions seeking the creation of a Road Improvement Special Assessment District. The S.A.D. will be for the asphalt paving of the private road Ridgecrest Lane (presently a gravel road). The petitioners will have to go through the engineering review process and get approval prior to any construction. The project cost is $216,400 with a ten (10) year pay-back period. The public hearing is to hear objections to the creation of the Special Assessment District. After the hearing, if the Board wishes to proceed, they will adopt the resolution establishing the Special Assessment District, directing the preparation of the assessment roll and scheduling the public hearing on the assessment roll. MATERIALS ATTACHED AS SUPPORTING DOCUMENTS: e Resolution 25-TBD (a) and (b) eo SAD Map e Public Hearing Notice RECOMMENDATION: Adopt resolution. SUGGESTED MOTION: Motion by , supported by to adopt Resolution 25- TBD parts (a) and (b) approving the Ridgecrest Lane S.A.D. Number S-1-10-2025, and directing the preparation of the special assessment roll and scheduling the public hearing on the assessment roll. ROLL CALL VOTE REQUIRED? Yes
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RESOLUTION NO. 25-TBD CHARTER TOWNSHIP OF BRIGHTON LIVINGSTON COUNTY, MICHIGAN RIDGECREST LANE ROAD IMPROVEMENT SPECIAL ASSESSMENT DISTRICT S-1-10-2025 Public Act 188 of 1954 Proceedings PRESENT: ABSENT: RESOLUTION 25- (a) RESOLUTION ESTABLISHING THE SPECIAL ASSESSMENT DISTRICT WHEREAS, the Township Board of Trustees of the Charter Township of Brighton, Livingston County, Michigan, after due and legal notice determined to proceed under the provisions of 1954 PA 188, as amended, to accept estimates of cost, proposed assessments, together with a proposed Special Assessment District for the purpose of road paving services for the property owners in the proposed Special Assessment District known as RIDGECREST LANE ROAD IMPROVEMENT SPECIAL ASSESSMENT DISTRICT S-1-10-2025, and to schedule a public hearing upon the same for this date, and WHEREAS, the petitions for the improvements, the estimated costs for the improvement, and the proposed Special Assessment District boundaries were filed with the Township Clerk for public examination and notice of the same was published and mailed in accordance with law and statute provided as known by affidavits on file with the Township Clerk, and WHEREAS, in accordance with the notices published in the Livingston County Press & Argus and mailed to each property owner of record, a hearing was scheduled for December 15, 2025 commencing at 6:30 pm and all persons were given the opportunity to be heard in the matter, and WHEREAS, as a result of the foregoing, the Township Board believes the Special Assessment and related activities to be necessary and in the best interests of the Township and of the district proposed to be established therefore; NOW, THEREFORE, BE IT RESOLVED as follows: 1. The District Boundaries and list of included properties submitted by the supervisor and assessing officer of the Township shall hereafter be designated as the RIDGECREST LANE ROAD IMPROVEMENT SPECIAL ASSESSMENT DISTRICT S-1-10-2025. The Township Board hereby approves the petitions for the improvements, the completion of the improvements and the plans and cost estimates for the improvements. 2. That this Township Board does hereby approve and that the Assessment Roll shall be in the amount of $216,400 to be divided amongst the properties as submitted in the petitions, for the purpose of road paving services as detailed
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4. That on the basis of the foregoing, this Township Board does hereby direct the Supervisor and the Assessing Officer to make a special assessment roll in which shall be entered and described all the parcels of land to be assessed with the names of the respective owners thereof if known, and the amount of $216,400 to be assessed equally among the parcels in the district. In accordance with the petitions in the Special Assessment District the term shall be ten (10) years (2026 through 2035, inclusive), as stated in this resolution and with the Special Assessment. When the same has been completed, the Supervisor or assessing officer shall affix thereto their certificate stating that it was made pursuant to this Resolution and that in making such assessment roll, they have, according to their best judgment, conformed in all respects to the directions contained in this resolution and applicable state statutes. 5. That all Resolutions and parts of Resolutions insofar as they conflict with the provisions of the Resolution be and the same hereby rescinded. RESOLUTION NO. 25-___(b) RESOLUTION SCHEDULING HEARING ON ASSESSMENT ROLL WHEREAS, the supervisor and assessing officer of the Township shall, in accordance with a Resolution of the Township Board and the laws and statutes pertinent thereto, prepare a special assessment roll in the amount of $216,400 to be assessed equally among the parcels. In accordance with the petitions in the Special Assessment District the term shall be ten (10) years (2026 through 2035, inclusive), all of the parcels of land in the RIDGECREST LANE ROAD IMPROVEMENT SPECIAL ASSESSMENT DISTRICT, S-1-10-2025, are included on the basis that parcels will be assessed as described above. NOW, THEREFORE, BE IT HEREBY RESOLVED as follows: 1. That said special assessment roll shall be filed with the Township Clerk and shall be available for public examination during regular working hours of regular working days from the present date until the public hearing upon the same and shall further be examined at such public hearing. 2. That the Township Board shall meet at 6:30 p.m. on January 26, 2026 at the Township Hall at 4363 Buno Road, Brighton, Michigan, within the Township, to review such special assessment roll and hear any objections thereto. 3. That the Township Clerk shall cause Notice of such hearing and the filing of such assessment roll to be published twice in the Livingston County Daily Press & Argus, a newspaper of general circulation in the Township prior to the date of the hearing with the first publication being not less than ten (10) days prior to the hearing and shall further cause Notice of such hearing to be mailed by First Class Mail to all owners of or persons interested in property within the RIDGECREST LANE ROAD IMPROVEMENT SPECIAL ASSESSMENT DISTRICT S-I-10- 2025, as shown on the current assessment roll of the Township also at least ten (10) days prior to said hearing, all in accordance with law and statute provided.
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Joseph R. Riker, Clerk Patrick V. Michel, Supervisor CERTIFICATE I, Joseph R. Riker, Clerk of the Charter Township of Brighton, County of Livingston, Michigan, do hereby certify that the foregoing is a true and complete copy of the Resolution adopted by the Charter Township of Brighton Board of Trustees on the 15" day of December, 2025. In witness hereof, I have hereunto affixed my official seal this ## day of Month, Year. Joseph R. Riker, Township Clerk
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RIDGECREST LANE ROA 12-02-300-017 12-02-300-018 12-02-300-020 12-02-300-021 12-02-300-016 12-02-300-015 12-02-300-014
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CHARTER TOWNSHIP OF BRIGHTON LIVINGSTON COUNTY, MICHIGAN PUBLIC ACT 188 OF 1954 PROCEEDINGS NOTICE OF PUBLIC HEARING ON THE RIDGECREST LANE ROAD IMPROVEMENT SPECIAL ASSESSMENT DISTRICT $-1-10-2025 TO: THE RESIDENTS AND PROPERTY OWNERS OF THE CHARTER TOWNSHIP OF BRIGHTON, LIVINGSTON COUNTY, MICHIGAN AND ANY OTHER INTERESTED PERSONS: PLEASE TAKE NOTICE that as a result of petitions of property owners within the Township signed by record owners of land (with 83.04% support) of the herein described Ridgecrest Lane Special Assessment District, the Township Board of the Charter Township of Brighton proposes that a special assessment district be established for the purpose of providing road repaving on the private road known as Ridgecrest Lane, under the authority of Michigan Public Act 188 of 1954, as amended. The Township Board proposes to establish a special assessment for the recovery of the cost thereof by the properties benefited therein. PLEASE TAKE FURTHER NOTICE that the district within which the foregoing improvements are proposed to take place and within which the cost thereof is proposed to be assessed are more particularly described as follows: TAX IDENTIFICATION NUMBERS: 4712-02-300-016 4712-02-300-018 4712-02-300-021 4712-02-400-023 4712-02-400-026 4712-02-300-017 4712-02-300-014 4712-02-400-024 4712-02-400-016 4712-02-400-013 4712-02-300-015 4712-02-300-020 4712-02-400-025 WRITTEN DESCRIPTION OF DISTRICT: All parcels with driveways connected to the private road known Ridgecrest Lane. PLEASE TAKE FURTHER NOTICE THAT the Township Board has received a cost estimate for the scope of the improvement in the amount of $216,400 for parcels in the proposed special assessment district, and the cost estimate has been placed on file in the Township's offices. The scope of the improvement will include road repaving services from the Livingston County Road Commission as described in the submitted petitions. Information can be viewed on the Township website at www.brightontwp.com and clicking on “Agenda, Minutes, and Packets” button and selecting the November 17, 2025 Board meeting packet. PLEASE TAKE FURTHER NOTICE THAT said estimates, the petitions referenced above, and the proposed special as
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of the cost of the improvement, and to hear any objections thereto, will be held at the Township Hall, 4363 Buno Road, Brighton, MI commencing at 6:30 P.M. on Monday December 15, 2025. At such hearing, the Board will consider any written objections to any of the foregoing matters which might be filed with said Board at or prior to the time of said hearing as well as any revisions, corrections, amendments, estimates and cost to said special assessment district. Any person objecting to the proposed improvement, the petitions referenced above or the proposed special assessment district must file his or her objections in writing with the Township Clerk (clerk@brightontwp.com) before the close of the December 15, 2025 public hearing or within such additional time (if any) as the Township Board may grant. Emails to the Township Clerk should include “Ridgecrest Lane Public Hearing” in the Subject heading. All interested persons are invited to be present at the aforesaid time and place and to submit comments concerning any of the foregoing. For questions, please contact Zachary Dyba, Assistant to the Township Manager at 810-229-0551 or astmgr@brightontwp.com. This notice is given by order of the Township Board of the Charter Township of Brighton. Joseph R. Riker, Clerk Charter Township of Brighton
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LAW OFFICES OF KIMBERLY J. BOWLIN, PLLC KIMBERLY J. HAMMAN, Esa. GRETCHEN HERTZ, Esq. December 9, 2025 Charter Township of Brighton 4363 Buno Road Brighton, MI 48114 Re: Proposed SAD — Ridgecrest Lane Damian Fernandez and Jenna Jones 12619 Ridgecrest Lane, Milford, MI To Whom It May Concern: | am writing on behalf of Damian Fernandez and Jenna Jones, who reside at 12619 Ridgecrest Lane, Milford, MI. Mr. Fernandez and Ms. Jones are desiring to, and have the right to, an exclusion from the proposed Special Assessment District. Itis my understanding that you have received a copy of the recorded Declaration of Easement and Easement Maintenance Agreement pertaining to Ridgecrest Lane. It is also my understanding that, regardless of the express language of the recorded Agreement, you intend on including the 12619 Ridgecrest property in the special assessment district. | am writing to you in opposition of your intention based on my reading of the express language of the agreement (the “Agreement”). Paragraph 9 of the Agreement states, “(9) Only those owners of affected parcels specifically agreeing in writing shall be obligated to contribute to the cost of paving the easement.” Paragraph 11 of the Agreement goes on to state,
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Brighton Township re: Fernandez and Jones December 9, 2025 Page 2 of 2 My clients’ interpretation of these provisions is that Paragraph 11 is subject to Paragraph 9 and that Paragraph 9 takes precedent. As you may be aware, in contract interpretation, the specific takes precedent over the general. Paragraph 11 specifically makes its provisions subject to the provisions in Paragraph 9. Since my clients did not specifically agree in writing to contribute to the cost of paving the easement, they are not obligated to contribute to the cost thereof. Itis clear that this interpretation is the most logical way to interpret Paragraphs 9 and 11. If Paragraph 11 was not subject to Paragraph 9 in this case, then Paragraph 12 would be applicable as to the “notice, costs, payment and lien provisions.” In other words, not only would the SAD procedures apply, the specific procedures delineated in Paragraph 12 as to notice and payment would also apply, redundant as they may be. In other words, further steps would have to be taken. Obviously, when the draftor was drafting this Agreement, an SAD was not contemplated or the Agreement would have specifically excluded Paragraph 9 in a situation such as this or, alternatively, Paragraph 9 would have stated that a Petition pursuant to Public Act 188 of 1954 is an exception. In other words, Paragraph 9 would have read: “With the exception of the establishment of a special assessment district pursuant to Public Act 188 of 1954, only those owners of affected parcels specifically agreeing in writing shall be obligated to contribute to the cost of paving the easement.” As it stands, due to the express language of the Agreement, Mr. Fernandez and Ms. Jones are not obligated to contribute to the cost of paving Ridgecrest Lane. Thank you for your cooperation in this matter. Very truly yours, Ainbudy Ch Hamman Kimberly J. Bowlin-Hamman, Esq.
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