Objection to 2026 Property Tax Assessment.pdf

Brain Tadajewski Petitioner V Township Of Maple Ridge Respondent · 26-000555-TT

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To: Alpena Township Board of Review Date: Feb 23, 2026

From: Brian Tadajewski

Parcel Number: 041-013-000-672-02: 488 Geronimo Rd, Alpena Mich 49707

Subject: Objection to 2026 Property Tax Assessment – Incorrect Right-of-Way (ROW)

 Mr Tadajewski is objecting to the 2026 property tax assessment because the assessment 

includes a “33-foot by 265-foot right-of-way (ROW)” on Mr Tadajewskis parcel that is not 

supported by any recorded document, certified survey, easement, or court order.

 This ROW dimension appears on the taxation assessment, Because the ROW dimension is 

not supported by any official or recorded source, the assessment is based on fictional 

information and must be corrected.

 Supporting Documentation

1. Exhibit A: August 16, 2023 Court Order 

 – Contains no ROW dimensions and does not establish a 33' × 265' right-of-way.

2. Exhibit B: Berg Assessing- Stating the dimension obtained from an Aug 16, 2023 court order

a. Berg Assessing Affidavit 

b. Berg Assessing Trial Court Pleadings

3. Exhibit C: 2025 Tax Assessment- Includes a 33' × 265' ROW that does not appear in any 

certified, recorded document or prior tax records

4. Exhibit D: Court of Appeals Order – Confirms the boundary issue was not resolved and 

remains unsettled. Mr Tadajewski refiled with COA acceptance.

5. Exhibit E: Certified Recorded Controlling ROW- Does not include a mention of 33ft by 265ft.

 Requested Action

1. Remove the unsupported 33' × 265' ROW dimension from the assessment record.

2. Correct the property description to match the recorded documents.

3. Adjust the taxable value accordingly based on the corrected description.

This objection is based solely on the factual discrepancy between the recorded property 

description and the assessment record.

 Sincerely,

 /s/ Brian Tadajewski 

 Date: Feb 23,2026 02legalemail@gmail.com

Exhibit A-1

HENN LESPERANCE PLC 

Exhibit A-1 

STATE OF MICHIGAN 

IN THE 26" JUDICIAL CIRCUIT COURT FOR THE COUNTY OF ALPENA 

BOARD OF COUNTY ROAD 

COMMISSIONERS OF THE COUNTY OF 

ALPENA, 

CASE NO: 22-1899 -CH 

Plaintiffs / Counter-Defendant, 

HON. K. EDWARD BLACK 

v 

BRIAN TADAJEWSKI, 

Defendant / Counter-Plaintiff, 

Vv 

ALPENA PUBLIC SCHOOLS, 

Defendant. 

William L. Henn (P61132) 

) 

Brian Tadajewski, Pro per 

Andrew J. Spica (P83559) 

488 Geronimo Road 

Natasha L. Rao (P85102) 

Alpena, MI 49707 

HENN LESPERANCE, PLC 

Attorneys for Plaintiff Alpena CRC 

GREGORY W. MAIR (P67465) 

32 Market Avenue SW, Suite 400 

Attorney for Def. Alpena Public Schools 

Grand Rapids, MI 49503 

300 St. Andrews Road, Suite 302 

(616) 551-1611 

Saginaw, MI 48638 

wih@hennlesperance.com 

(989) 790-0960 

ais 

hennlesperance.com 

gmair@owdpc.com 

nir@hennlesperance.com 

Gl 

LAINT) 

S 

ON 

At a session of the 26" Circuit Court in the County 

of Alpena, on the 25% day of July 2023. 

PRESENT: Honorable K. Edward Black, 

Circuit Court Judge 

This matter having come 

before 

the Court 

on 

Plaintiff Board 

of County 

Road 

Commissioners of the County of Alpena’s Motion for Summary Disposition, the Court having 

read the briefs and on hearing oral arguments and being fully advised in the premises, the Court 

hereby GRANTS Plaintiff's motion for summary disposition as to all counts. Therefore:

Exhibit A-2

Exhibit A-2 

EXHIBIT B - Aug 16, 2023 Court Order 

IT 15 HEREBY ORDERED thas the exivety of the presently improved partion of 

Geronimo Road located south of the Plat of Thunder Bay Village No. 4 is hereby declared 

2 public 

Iighway established by user, pursasnt #5 MCL 221.20, for the seasons stated on the record. 

IT IS FURTHER ORDERED that Defeadant’s cacsoachments sod other wmperaitied 

work performed within the Geronimo Road right-of way constitute a public misance, pursasat 1 

MCR 3.601, and 

» story tzespass upon the Gesomimo Road right-of-way, pursuant 

1p MCL 

2307. Defiadant is ORDERED fo remove sy existing encroschmenss, and is herby 

ENJOINED from placing any fither obstructions or performing sey uapermitiod work within 

any part of the Geronimo Road right-of-way, pursaasst 10 MCR 3.601. for the reasons stated on the 

record, 

Any further obatractions or wrpermitied work performed within any portion of the 

Geroito Road right af-way shail coostitute a ststutcry trespass upon a public highway, subject 

10 the treble demages provision of MCL 230.7. for the reasons stated on the record. 

This is a final order, as it resolves all remaining claims between te parties, and hereby 

closes 

the case 

P0:€ ST0Z/8/6 VOOW Aq AIATHOHY 

S 

Wd 0

Exhibit B- a-1 Berg Assessing Affidavit

Exhibit B- a-1 Berg Assessing Affidavit 

ALLAN BERG being sworn, states: 

1. 

Tam a Defendant and President in the above captioned action. 

2. 

I have personal knowledge of the matters stated in this affidavit, and if called on to testify [ 

will attest that the facts stated herein are true and accurate. 

3. 

1 have now reviewed the counts contained in the complaint including Quiet Title, FOIA 

Violations, Alteration of Public Records, False Claim to Land, Willful Neglect of Duty, 

Fraudulent Misrepresentation, Negligent Misrepresentation, Breach of Fiduciary Duty 

Slander of Title, and Conspiracy to Commit Property Fraud. 

4. 

1am the President of Berg Assessing and Consulting, Inc. 

5. 

Berg Assessing and Consulting, Inc. is contracted to perform assessing services for Maple 

Ridge Township, Alpena County, State of Michigan. 

6. 

In that capacity Berg Assessing and Consulting, Inc. was approached by the Plaintiff in the 

above captioned matter on or about January 16, 2024, seeking a recalculation of the assessed 

value of Plaintiffs property commonly known as 488 Geronimo Rad, Alpena, MI 49707. 

7. 

Berg Assessing and Consulting, Inc. determined that given the Court Order signed August 

16, 2023, as well as other documents provided by Plaintiff that the assessed value of his 

property should be reduced in light of the encumbrance. 

8. 

Berg Assessing and Consulting’s reduction of the assessed value of the propetty in no way 

changes the legal description or ownership, or the ownership of Plaintiff's property and only 

reduces the amount of tax burden associated with the property. 

9. 

Plaintiff submitted at least onc Freedom of Information Act (FOIA) request, which Berg 

Assessing and Consulting informed Plaintiff that such requests must be submitted to the 

Township FOIA Coordinator, but Berg forwarded the request to the Coordinator as well. 

Page 

2 of 3

Exhibit B- a-2

Exhibit B- a-2 

10. Any alterations made to tax records were in accordance with the law, and within the 

| suhosty of Berg Assessing 

and Consulting, Inc., as well as being done at Plaintiff's request 

| and pursuant to Court Order and recorded survey, 

orem 

owe moe iodo i 

pons Cs 

ea ovaries dbus: 

assessed value of Plaintiffs property. 

12 Defendants have not, and cannot in adjusting the assessed value of Plaintiffs property, made 

in (lst 

din, ol 

clon Sing 

Ms 

land. 

13. Defendants Allan Berg and Berg Assessing and Consulting, Inc, has lawfully adjusted the 

assessed value of Plaintiffs property in light of 0.2 acres being encumbered according to 

court order and pursuant to Plaintiff's request. 

14. Affiant further sayeth not. 

B47, Berg, Affiant 

STATE OF Michi 

) 

Comet Pre 

Ble) 

Signed and sworn to before me in tse ble County, Michigan on this Sth day of 

| 

WZ 

C2 

oe 

aati County 

of Aesgue 

[ste 

My commission expires on: Hujzq 

Page 

3 of 3

Exhibit B-b1

Exhibit B-b1 

counts, Plaintiff has failed to state a claim upon which relief may be granted; therefore, Plaintiffs 

complaint should be dismissed with prejudice, and Defendants are entitled to costs and fees for 

being required to file this action. 

EACTUAL BACKGROUND 

Allan Berg is the President of Berg Assessing and Consulting, a domestic for-profit 

Corporation that contracts with Maple Ridge Township to provide assessing services for said 

Township. In that role, Berg was approached by the Plaintiff for the correction of the tax assessed 

value of his property located at 488 Geronimo Road, Alpena, MI 49707, and bearing the Parcel ID 

041-013-000-672-02, due to some of his parcel being encumbered by a right-of-way. 

The encumbrance stems from a 2022 proceeding in this court, File No. 22-1899-CH 

(“Previous Litigation), which found that the Alpena County Road Commission had a valid tight-of- 

way over a portion of Plaintiffs land. The plaintiff appealed the matter to the Michigan Coutt of 

Appeals, where it was assigned Case Number: COA #374166, which remains pending. 

Despite the matter being pending before the Michigan Court of Appeals, Plaintiff, Brian 

Tadajewski, has filed this action against the Alpena County Road Commission (“ACRC”) and its 

attorney(s), as well as Defendants, Allan Berg, and Berg Assessing and Consulting, Inc. 

On or about December 14, 2023, Plaintiff requested the adjustment of the assessed value of 

his above-cited parcel based on property that is encumbered by a right-of-way. See 

Exhibit 1 Email 

Requesting Reassessment. On or about January 15, 2024, Plaintiffs tax assessment was adjusted to 

reflect that 0.2 of the total 4.5 acres comprising the subject parcel was encumbered and therefore not 

assessable property. See Exhibit 2 Reassessed Parcel Communications. The grounds for the 

reassessment is contained in the judgement of this Honorable Court August 8, 2023 granting the 

County's right-of-way (see Exhibit 3, Judgement). The boundaries of said reassessment were based on 

Page 

6 of 15

Exhibit B-b2

Exhibit B-h2 

the statutory presumption of road width being 4-rods or 66-feet (see MCL 221.20) that is shared with 

neighboring parcels leaving 33-feet by 265 feet encumbering Plaintiffs land. The result of said 

adjustment resulted in the reduction of the assessed value of the property and its corresponding tax 

bill. 

Beginning on or about February 21, 2025, and on at least three subsequent occasions, Plaintiff 

submitted a Freedom of Information Act (FOIA) Request seeking information regarding what 

Plaintiff characterized as a “division of land.” To which Betg informed Plaintiff that Berg is a non- 

governmental entity and that FOIA Requests must be submitted to the Township FOIA Coordinator 

(See Exhibit 4).' 

The job of an assessor is to make tax determinations regarding real property within their 

jurisdiction. Assessors do not make decisions relating to propetty dimensions, boundaries, 

encumbrances, or legal descriptions. They cannot alter any of the aforementioned items. An assessor 

determines value. 

If a property owner disagrees with an assessment determination, they petition the 

Board of Review (as noted herein). What Defendants Berg did was reassess the taxable value of 

Plaintiff's Property, at his request, and reduced his assessment and tax bill based on the order of this 

Honorable Court”. Despite conducting itself properly, Defendants Berg find themselves here. 

STANDARD 

OF REVIEW 

Michigan law provides that a motion under MCR 2.1 16(C)(8) tests the legal sufficiency of the 

complaint on the basis of the pleadings alone. See York v. 50th Dist. Ct., 212 Mich. App. 345, 347, 

536 N.W.2d 891, 893 (1995). Summary Disposition should be granted where the nonmoving party’s 

pleadings are not legally sufficient to sustain an actionable claim. 

! Defendant Berg forwarded Plaintiffs FOIA requests of its own initiative as well. 

? Exhibit 3, Judgement 

Page 

7 of 15

Exhibit C

Exhibit C 

Parcel Number: 

041-013-000-672-02 

Jurisdiction: 

Meple Ridge Township 

county: Alpena 

Printed on 

01/29/2025 

Ri Sale’ 

Bale” insc. 

Terms 

of Sale 

ibe) 

Front.’ 

Price) 

Date 

Type 

i Page 

Trans. 

of 14/23/2618 Tob 

“21-NOT USED/OTHER 

{604/168 

2.0 

2611 

6,0607 02/23/1958 

Twp 

“21-407 USED/OTHER 

03-hRM'S LENGTH 

Status 

{owner's Name/Address 

|TADAJEWSKT Foto 

& BRIAN TADAJEWSK 

1489 GERONIMO 

. 

pens HE 45707 

[improved 

| 

i 

Public 

I 

* Fa 

A 

. 

i 

i 

{Improvements 

| Description 

Frontage 

Depth 

Front 

Depth 

Rate Adj. Reason 

Value 

i spi= 

SEE 

FEE Ce 

eT 

2A 

[hin if Te 13 eras s fA) Fy 

a 0 fe 17 

ivavea ona 

4.50 Total Acres 

Total Est. Land Value = 

16,769 

i 

. 

i 

5 

fr 

om) 

JR 

TH N 03D 414 405 E 1035.08 FT TH 

5 130 

| 

3iammare 

25 67 & 142.66 £5 7H 5 06D som 0 325.0 

| 

(Hater 

| Land provement cost Estimates 

i 

FTTH 5 83D 0M E 190.0 PT TH § 69D 25 N 

| 

lsoict 

Description 

Rate 

Size 

% Good 

cash value 

nd mints 

RE hh fe 

take 

EE 

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SW 1/4 BEING ELY 435.58 FT OF PARCEL 

4 22 

jcary 

| 

Total gssimated Land Improvements Trus Cash Value = 

2,262 

{THUNDER BAY VILLAGE ACRES 

# 2 EXC COM AT 

| 

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- 

- 

a 

[51/4 COR TH N 86D 10M 208 W 376.83 FT 

| 

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underground Utils. 

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Topography of 

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who 

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what 

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£4000 

24,900 

33,300 

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++ Information herein deemed reliable but not guarantesd*r+

Exhibit D- COA Order

 

Court of Appeals, State of Michigan 

ORDER 

 

 

BRIAN TADAJEWSKI V BERG ASSESSING AND CONSULTING INC 

Docket No. 

377727 

LC No. 

2025-003160-CK 

 

 

Michael F. Gadola, Chief Judge, acting under MCR 7.203(F)(1), orders: 

The motion to waive fees is GRANTED in this case only. 

 

The claim of appeal is DISMISSED for lack of jurisdiction. MCR 7.203(A)(1). The 

October 1, 2025 order is not a final order as defined in MCR 7.202(6)(a)(i) because it does not dispose of 

the underlying claims against defendants Allen Berg and Berg Assessing and Consulting, Inc. Dismissal 

is without prejudice to the filing of a late appeal under MCR 7.205(A)(4), provided such a filing meets all 

requirements under the court rules and is not time-barred. 

 

 

 

 

 

 

 

November 4, 2025

Exhibit E-1: Certified Record ROW Boundary

Exhibit E-1: Certified Record ROW Boundary 

“~L:. 

564 P: 

670 

OR 

12/05/2025 01:31 

PM 

Pase 

20f 

3 

$30.00 

Mandy Smith, 

Register Alpena 

Co 

I HE 

ed AAA 

RO NTRS 

1 

STATE OF MICHIGAN 

IN THE 26™ CIRCUIT COURT FOR THE COUNTY OF ALPENA 

BOARD OF COUNTY ROAD 

COMMISSIONERS OF THE COUNTY OF 

ALPENA, 

Plaintiff, 

Vv. 

BRIAN TADAJEWSKI, 

File. No 22-1899-CH 

Defendant. 

William L. Henn (P61132) 

BRIAN TADAJEWSKI 

Andrew J. Spica (83559) 

In Pro Per 

Clayton J. Prickett (86745) 

488 Geronimo Rd 

HENN LESPERANCE, PLC 

Alpena, MI 49707 

Attorneys for Plaintiff 

32 Market Ave SW, Suite 400 

Grand Rapids, MI 49503 

(616)551-1611 

ORDER DENYING DEFENDANT’S MOTION TO ENFORCE CLAIMED RIGHT OF 

WAY AND GRANTING PLAINTIFF'S MOTION TO SHOW CAUSE 

PRESENT: HON. K. EDWARD BLACK, CIRCUIT COURT JUDGE 

The Defendant filed a Motion to Enforce Claimed Right of Way, asserting that the public 

highway was only 33 

ft wide. 

However, this is in contradiction with the Court’s prior Order 

Granting Plaintiff's Motion for Summary Disposition. 

That Order granted a highway by user 

pursuant to MCL 221.10. MCL 221.10 provides that all such highways are 4 rods in width, or 66 

feet. Defendant counters with a statement from an individual who is not a party to the case and 

fails to comply with the Court’s prior Order. Accordingly, Defendant’s Motion is DENIED and 

the Plaintiff's Motion for Order to Show Cause Pursuant to MCR 3.606(A)(1) and MCL 600.1701 

is GRANTED. 

FUHED 

NOV 2 12024 

[od 

. 

ALPENA COUNTY CLERK.

Exhibit E-2

Exhibit E-2 

564 P: 670 OR 

01:31 PM 

Page: 

3 of 

J20s 20% 

2 kagister Alpena Co 

BEATER 

TR ARAL TRAC 

B1 

It is so ORDERED. 

Dated: 

__{/ Joe [ay 

ert 

y 

4 

HON. K. EDWARD BIACK, CIRCUIT JUDGE 

$30.00 

T hereby certify that I served a copy of the foregoing document upon all attorneys/parties of record. 

, 

Date: 

\-0[-% yu 

Clerk

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