24-003600-TT06634320241202154028.pdf

Kap-Land LLC, Petitioner V Township Of Richland, Respondent · 24-003600-TT

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STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON I. BROWN, DPA 

GOVERNOR 

LANSING 

DIRECTOR 

PROPERTY TAX APPEAL ANSWER FORM 

SPECIAL ASSESSMENT 

MTT DOCKET NO. 24-003600-TT 

Pursuant to Michigan Tax Tribunal Rule (TTR) 279(4), you MUST submit a copy of the notice giving rise to the appeal (e.g. the special 

assessment confirmation roll) with this Small Claims Answer if applicable. If you do not submit this document, you may be held in 

default. 

Section 1: Respondent’s Contact Information 

Unit of Government: 

Richland Township, Kalamazoo County 

Section 2: Respondent’s Attorney/Authorized Representative’s Contact Information 

First Name 

Mm. 

Last Name 

Robert 

E. 

Thall 

mm 

Bauckham, Thall, Seeber, Kaufman & Koches, P.C. 

Address (No., Street, P.O. Box or Rural Route) 

470 W. Centre Ave. Ste. A 

City or Town 

State 

ZIP Code 

Portage 

Mi 

49024 

Telephone Number 

Fax Number 

(269) 382-4500 

(269) 382-2040 

E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) 

thall@michigantownshiplaw.com 

Section 3: Subject Property Information 

Parcel Identification Number(s): 

03-02-176-013 

If multiple parcels are being appealed are they contiguous or adjoining? 

Oves 

Ono 

[na 

Taxing Authority (City or Township) 

County 

Richland Township 

Kalamazoo

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON I. BROWN, DPA 

GOVERNOR 

LANSING 

DIRECTOR 

Section 4: Explain Your Answer to this Appeal 

The subject parcel of real property is located in Richland Township, Kalamazoo County, Michigan and has frontage 

and access off of Sterling Avenue. The Respondent has created a special assessment district pursuant to the 

provisions of Public Act 188 of 1954, as amended, for the purposes of funding proposed road improvements, repairs, 

and maintenance on Sterling Avenue. The subject property was included in the district as having frontage on Sterling 

Avenue. lt is included with the other properties that have frontage on Sterling Avenue. The Township followed proper 

procedure to establish the special assessment and approved the special assessment roll on June 18, 2024 (see 

attached Resolution confirming the special assessment roll). The subject property is within the special assessment 

district and received an assessment. The Township acted within its lawful discretion setting the special assessment 

roll and assessment on the subject parcel which amount is the relative portion of the whole sum to be levied against 

all parcels of land in the special assessment district as the benefit to the parcel of land bears to the total benefit of all 

parcels in the special assessment district. The subject real property receives a special benefit different than owners 

of the public in general as 

it has access and frontage off of Sterling Avenue. 

Section 5: Jurisdictional Issues 

Did Petitioner protest the special assessment at the hearing held to confirm the special assessment roll? \ Yes 

[No 

What was the date of the hearing held to confirm the special assessment roll? 

06/18/2024 

How many years is the special assessment being levied? 

What is the total amount of the special assessment being levied 

(per parcel)? 

Installment payment over 

1 5 yea rs 5,511.75 one time or 367.45 plus int. at 5% on installment payments 

What is the basis for the special assessment? Identify the applicable statutory provision. 

Public Act 188 of 1954; MCL 41.722(m) 

Signature 

*required 

P77 i "Robert E. Thall P46421

7401. North 32M Street 

8 

i C im L A N re 

Richland, Wit 49083 

By) 

as 

Phone: (269) 629-4921 

By 

Aadum 

no Whi 

LE 

t0 29 Parcels 

En — 

RESOLUTION NUMBER 24-06-15 

RICHLAND TOWNSHIP 

KALAMAZOO COUNTY, MICHIGAN 

RESOLUTION ESTABLISHING 

STERLING AVENUE IMPROVEMENT 

SPECIAL ASSESSMENT DISTRICT 

WHEREAS 

the Township 

Board 

of the Township 

of Richland, 

Kalamazoo 

County, 

Michigan received petitions representing owners of more than 50% of the property in a Special 

Assessment District to be established in accordance with the provisions of PA 188 of 1954, as 

amended, for the purposes of funding proposed road improvements repairs and maintenance 

on Sterling Avenue; and 

WHEREAS the purposes of the district are to fund road repairs and maintenance to the 

benefitted parcels in accordance with MCL 41.723, Section 3 of the Public Improvements Act, 

Public Act 188 of 1954, as amended, (MCL 41.721, et seq.); and 

WHEREAS the benefitted parcels are described as: 

“All those properties in Richland Township, Kalamazoo County, Michigan with frontage 

on Sterling Avenue” and 

WHEREAS plans and estimates of the costs and the special assessment district boundary 

maps and descriptions were filed with the Township Clerk for public examination and notice of 

the hearing on the creation of such district for such purposes was mailed and published as 

required by law and statute as established by Affidavits pertaining thereto on file with the 

Township Clerk; and 

WHEREAS 

a hearing on any objections to the proposed improvement(s) and to the 

special assessment district proposed to be established for the assessment of the costs of such 

improvement(s) was conducted on April 16, 2024 at a regular meeting of the Township Board at 

the Township Hall, 7401 N. 32 Street within the Township; and continued to May 21, 2024. 

NOW THEREFORE, IT IS HEREBY RESOLVED that The Township Board approves the plans 

and cost estimates for the road improvements, repairs, and maintenance; at an approximate

RICHLAND 

[. “TOWNSHIP 

7401 North 320d Street 

Richland, Mi 49083 

Phone: {269) 629-4921 

Fax: {269) 629-5993 

Kalamazoo County 

RESOLUTION NUMBER 24-06-15 

BE 

IT FURTHER RESOLVED THAT the Township Board hereby creates and defines 

a 

special assessment district to be known as “Sterling Avenue Improvement Special Assessment 

District” within which the costs of such improvements shall be assessed, according to the 

benefits, against the properties in the district which are described as: 

“All those properties in Richland Township, Kalamazoo County, Michigan with frontage 

on Sterling Avenue.” addressed and Parcel ID Nos. as: 

Parcel Number Parcel Address 

Parcel Number Parcel Address 

03-02-251-390 

9694 STERLING AVE 

03-02-251-230 

STERLING AVE 

03-02-251-400 

9708 STERLING AVE 

03-02-251-220 

9623 STERLING AVE 

03-02-251-410 

9726 STERLING AVE 

03-02-251-210. 

9605 STERLING AVE 

03-02-251-420 

9744 STERLING AVE 

03-02-251-200 

9585 STERLING AVE 

03-02-251-430 

9748 STERLING AVE 

03-02-251-190 

9567 STERLING AVE 

03-02-251-440 

9760 STERLING AVE 

03-02-251-180 

9547 STERLING AVE 

03-02-251-450 

9778 STERLING AVE 

03-02-251-172 

9529 STERLING AVE 

03-02-251-460 

9805 STERLING AVE 

03-02-251-321* 9568 STERLING AVE 

03-02-251-470 

9830 STERLING AVE 

03-02-176-013 

M-43 HWY 

03-02-251-292 

10765 M-43 HWY 

03-02-251-340 

9588 STERLING AVE 

03-02-251-280 

9765 STERLING AVE 

03-02-251-351 

9598 STERLING AVE 

03-02-251-270 

9751 STERLING AVE 

03-02-251-381 

9666 STERLING AVE 

03-02-251-260 

9733 STERLING AVE 

03-02-251-362 

STERLING AVE 

03-02-251-250 

9679 STERLING AVE 

03-02-251-312 

9530 STERLING AVE 

03-02-251-240 

STERLING AVE 

#03-02-251-331 Combined with 03-02-251-321 

on June 18,2024 

BE IT FURTHER RESOLVED THAT the Township Board hereby approves the special assessment 

roll on which has be entered and described all parcels of land in the district to be assessed with 

the names of the respecting owners thereof; and 

a total amount per parcel to be assessed 

thereon for the project, on a per-parcel basis payable over fifteen (15) years with a maximum of 

5% interest per year on the unpaid balance. 

Each parcel in the district shall be charged a total 

of $367.45 per year (plus interest, 

if applicable) over the fifteen-year period. 

The special 

assessment shall be billed and collected in fifteen (15) annual installments and shall be included 

on the December tax bill commencing with the December 2024 tax bill.

7401 North 321d Street 

ow 4M RICHLAND 

chan, 

5053 

BIE 

&, 

TOWNSHIP 

Phone: (269) 620-4921 

i | 

ASA Ny 

Fax: {269) 629-5993 

RESOLUTION NUMBER 24-06-15 

BE IT FURTHER RESOLVED THAT all resolutions or parts of resolutions insofar as they conflict 

with the provisions of this resolution be and the same are hereby rescinded. 

Motion by 

¢9 

supported by _ f< \.. 

to adopt the foregoing resolution. 

The following voted “aye”: 

i 

Pirest Jere, Norma, 

Wind ze 

\ Eldnly 

\ Drowr~ 

The following voted “nay”: 

INFIEE 

The following was absent: 

fous 

The Supervisor declared the motion carried and the resolution duly adopted. 

Bear Priest, Clerk 

Richland Township 

CERTIFICATE 

The undersigned, 

Bear Priest, the Clerk 

of Richland Township, Kalamazoo County, 

Michigan, hereby certifies that the foregoing constitutes 

a true and complete copy of 

a 

resolution adopted by the Township Board at a meeting held on June 18, 2024 and that said 

meeting was held in accordance with the Open Meetings Act, PA 267 of 1976. 

fr 

Bear Priest, Clerk 

Richland Township 

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STATE OF MICHIGAN 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MICHIGAN TAX TRIBUNAL 

KATHARINE BOUDEMAN, 

Petitioner, 

MTT Docket No. 24-003600-TT 

v 

TOWNSHIP OF RICHLAND, 

Respondent. 

Ratbarine Boudeman 

Robert E. Thall (P46421) 

9529 Sterling Ave. 

BAUCKHAM, THALL, SEEBER, 

KAUFMAN & KOCHES, P.C. 

Attorney for Respondent 

470 W. Centre Ave., Ste. A 

Portage, MI 49024 

269-382-4500 

thall@michigantownshiplaw.com 

Richland, MI 49083 

(269) 998-6743 

Southpaw769@aol.com 

APPEARANCE 

The law firm of Bauckham, Thall, Seeber, Kaufman & Koches, P.C. enter this appearance 

for and on behalf of Respondent, Township of Richland, in this matter. 

Respectfully submitted, 

BAUCKHAM, THALL, SEEBER, 

THN a 

Date: December 2, 20234 

/] V/A

STATE OF MICHIGAN 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MICHIGAN TAX TRIBUNAL 

KATHARINE BOUDEMAN, 

Petitioner, 

MTT Docket No. 24-003600-TT 

v 

TOWNSHIP OF RICHLAND, 

Respondent. 

Katharine Boudeman 

IN PRO PER 

9529 Sterling Ave. 

Richland, MI 49083 

(269) 998-6743 

Southpaw769@aol.com 

Robert E. Thall (P46421) 

BAUCKHAM, THALL, SEEBER, 

KAUFMAN & KOCHES, P.C. 

Attorney for Respondent 

470 W. Centre Ave., Ste. A 

Portage, MI 49024 

269-382-4500 

thall@michigantownshiplaw.com 

PROOF OF SERVICE 

Sandra L. Bosse states that on December 2, 2024, she served a copy of 

Respondent’s 

Appearance, Property Tax Appeal Answer Form Special Assessment and Proof of Service in this 

matter by first-class mail, postage fully prepaid, upon Petitioner’s Attorney at the address as listed 

| 

Wr 

Sandra L. Bosse

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