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24-003396_Dismiss.pdf

Jolisa Brooks, Petitioner V City Of Detroit, Respondent · 24-003396-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 

Jolisa Brooks, 

 

 

 

 

 

MICHIGAN TAX TRIBUNAL 

Petitioner, 

 

 

 

 

 

SMALL CLAIMS DIVISION 

 

MTT Docket No. 24-003396 

 

 

 

 

 

 

 

 

v 

 

 

 

 

 

 

 

Case Type: Valuation 

 

City of Detroit, 

 

 

 

 

 

Presiding Judge 

 

Respondent. 

 

 

 

 

Marcus L. Abood 

 

ORDER OF DISMISSAL 

 

Location of Hearing: 

 

 

Telephonic 

Hearing Held on: 

 

 

 

May 29, 2025 

Appearances on Behalf of Petitioner: 

Jolisa Brooks 

Appearances on Behalf of Respondent: Isaac DeGraffenreid 

 

PROCEDURAL HISTORY 

 

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

Review (BOR). Petitioner protested the subject property’s assessment to the 2024 

March BOR. 

 

Petitioner filed a Petition with the Tribunal on May 31, 2024, and Respondent filed an 

Answer on September 24, 2024. 

 

The amount of the SEV or 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 TCV. 

 

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

property.”3 

 

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).

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MTT Docket No. 24-003396 

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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, statutory losses, the 

lesser of the rate of inflation or 5%, and statutory additions, including omitted property 

(i.e., property not previously assessed).10 

 

SUMMARY OF EVIDENCE 

 

A. Petitioner’s Evidence 

 

Petitioner’s contentions of TCV, SEV and TV: 

 

Parcel Number: 

 

27080907 

Year

TCV

SEV

TV

2024

$200,000

$100,000

$100,000

 

Petitioner offered the following exhibits: 

 

1. Evidence, filed on May 31, 2024 

a. Explanatory Letter. 

b. Renovation Receipts. 

c. Subject Property Photographs. 

d. Notice from Assessor’s Review Period dated February 22, 2024. 

e. 2024 March Board of Review Decision dated May 15, 2024. 

 

No exhibits were excluded from evidence. 

 

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). 

10 See MCL 211.34d.

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MTT Docket No. 24-003396 

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

the subject property in March 2021. Petitioner is working on repairs to the home. 

Petitioner argued at the BOR that the subject dwelling has 1,900 square feet and not 

2,200 square feet. Likewise, the subject has 1 ½ baths and not 3 baths. Petitioner has 

invested lots of money in the home. Petitioner has reviewed Respondent’s sales which 

are all more modernized and are bigger dwellings than the subject. Petitioner still 

needs to put more money into the home. Petitioner also appealed to the 2023 March 

BOR but was put off by the board members. 

 

On rebuttal, Petitioner argues that the subject’s SEV for 2025 is $125,700 according to 

BS&A records. Petitioner still does not understand Respondent’s changes in the 

AV/SEV. Overall, the assessments appear to be unjust. Petitioner further argues that 

other larger homes in the neighborhood are paying less in property taxes than the 

subject. 

 

Again, Petitioner still does not understand the TV relative to changes in the SEV/AV. 

Petitioner questions whether the TV can be reviewed based on the condition of the 

home. 

 

The issue of inflation is a problem. Petitioner asserts that 30% of her mortgage 

payment goes to property taxes. This is not proportionate based on the condition and 

value of the home. 

 

B. Respondent’s Evidence 

 

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

 

Parcel Number: 

 

27080907 

Year

TCV

SEV

TV

2024

$238,000

$119,000

$107,493

 

Respondent offered the following exhibits: 

 

1. Evidence, filed on May 13, 2025 

a. Sales Comparison Adjustment Grid. 

 

No exhibits were excluded from evidence. 

 

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

the subject sales history including the 2021 purchase by Petitioner. The subject 

property uncapped for 2022. Petitioner did attend the 2024 March BOR in which the 

assessed value was reduced from $181,900 to $119,000. Respondent points out the 

label “improved” refers to the property that has structures and is not a vacant property. 

 

On rebuttal, Respondent points out that the 2024 TV is $107,493 and the 2025 TV is 

$110,825. Petitioner could have the assessing staff inspect the subject property to 

clarify descriptive items (baths, dwelling size, garage) on the record card.

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MTT Docket No. 24-003396 

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FINDINGS OF FACT 

 

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

 

1. The subject property is located at 16215 Warwick Street, in the city of Detroit and 

within Wayne County. 

2. The subject property is classified as Residential. 

3. Petitioner purchased the subject property in 2021. 

4. Petitioner submitted cost receipts and property photographs as evidence. 

5. Respondent’s sales comparison approach included three sales which all 

occurred in 2023. 

 

CONCLUSIONS OF LAW 

 

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

 

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 

 

All evidence submitted by both 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 shall be given no 

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

decision in this case is discussed below. 

 

Highest and Best Use 

 

Neither party raised any issue with respect to the highest and best use of the property 

by way of the testimony and evidence provided, and the Tribunal finds that there is no 

dispute that its highest and best use is continued use as residential. Petitioner “has the 

burden of proof in establishing the [TCV] of the property.”15 “This burden encompasses 

two separate concepts: (1) the burden of persuasion, which does not shift during the 

course of the hearing, and (2) the burden of going forward with the evidence, which may 

shift to the opposing party.”16 Although the Tribunal has a duty to make an independent 

 

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, 3 Mich App 170. 

15 MCL 205.737(3). 

16 Jones & Laughlin, 193 Mich App at 354–55; 483 NW2d 416, 420 (1992).

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determination of value,17 the Michigan Court of Appeals has held that this duty “arises 

only when the petitioner has met its burden of going forward with evidence.”18 

Therefore, “if a petitioner fails to come forward with competent evidence to challenge 

the assessed values of the property, then the tribunal's duty to make an independent 

determination of true cash value is not triggered.”19 Indeed, the Tribunal’s factual 

findings must be supported by competent, material, and substantial evidence.20 Thus, 

while the Tribunal may not “automatically accept a respondent’s assessment,”21 it may, 

upon motion or its own initiative, enter an involuntary dismissal if the petitioner fails to 

meet the burden of going forward.22 

 

“The ‘substantial evidence test’ has been defined as evidence which a reasoning mind 

would accept as sufficient to support a conclusion. While it consists of more than a 

mere scintilla of evidence it may be substantially less than a preponderance of the 

evidence.”23 “Competent evidence” has been defined as “that which the very nature of 

the thing to be proven requires . . . . ”24 The “thing to be proven” in this case is the TCV 

of the property at issue. TCV is defined as “the usual selling price at the place where 

the property to which the term is applied is at the time of assessment, being the price 

that could be obtained for the property at private sale, and not at auction sale except as 

otherwise provided in this section, or at forced sale.”25 TCV is traditionally determined 

using one of three widely accepted appraisal methods: cost, income, and market.26 

“Variations of these approaches and entirely new methods may be useful if found to be 

accurate and reasonably related to the fair-market value of the subject property.”27 

 

 

17 See Alhi Dev Co v Orion Twp, 110 Mich App 764, 767; 314 NW2d 479, 481 (1981). 

18 Dicastal N Am, Inc v City of Greenville, unpublished per curiam opinion of the Court of Appeals, issued 

August 22, 2024 (Docket No. 365333) citing Great Lakes Div of Nat'l Steel Corp, 227 Mich App 379, 408-

410; 576 NW2d 667, 680-681 (1998). 

19 Id. The Court further stated that it “will not assess the credibility of witnesses, and the determination of 

the weight to be given the evidence is within the Tax Tribunal’s discretion.” Id. (citations omitted). See 

also Country Meadows, GP v Macomb Twp, unpublished per curiam opinion of the Court of Appeals, 

issued April 1, 1997 (Docket No. 182305), wherein the Court held: “Plaintiffs cite Jones & Laughlin . . . . 

for the proposition that even when the plaintiff fails to meet his burden of proof, the tribunal must still 

make an independent determination of the true cash value of the property in question. However, unlike 

the plaintiff in Jones & Laughlin, in the present case plaintiffs did not meet their burden of going forward 

with evidence. Under the circumstances, the tribunal could not make an independent determination of 

the true cash value of the property because it had no evidence on which to base such a determination 

except that provided by defendant. A contrary holding would be tantamount to requiring the tribunal to 

hire its own appraiser.” Id. (citations omitted). 

20 See Antisdale v City of Galesburg, 420 Mich 265, 277; 362 NW2d 632 (1984); 

21 Jones & Laughlin, 193 Mich App at 355-356. 

22 See MCR 2.504(B)(2). See also Jones & Laughlin, 193 Mich App at 354-355 and Great Lakes v City of 

Ecorse, 227 Mich App at 408-410. 

23 Russo v Dep't of Licensing & Regul, 119 Mich App 624, 631; 326 NW2d 583, 587 (1982). See also 

Dow Chem Co v Dep't of Treasury, 185 Mich App 458; 462 NW2d 765 (1990). 

24 Goff v Bil–Mar Foods, Inc (After Remand), 454 Mich 507, 514 n 5; 563 NW2d 214 (1997), overruled on 

other grounds in Mudel v Great Atl & Pac Tea Co, 462 Mich 691; 614 NW2d 607 (2000), quoting Black's 

Law Dictionary (6th ed). See also Moore v Prestige Painting, 277 Mich App 437; 745 NW2d 816 (2007). 

25 MCL 211.27(1). 

26 Meadowlanes Ltd Dividend Housing Ass'n v City of Holland, 437 Mich 473, 485; 473 NW2d 636 (1991). 

27 Id.

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MTT Docket No. 24-003396 

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Although Petitioner provided some evidence for the 2024 tax year, it is not sufficient to 

meet the burden of going forward. Specifically, Petitioner submitted cost repair receipts 

and property photographs. However, this evidence does not clarify Petitioner’s 

contention of TCV for the property as of December 31, 2023. The Tribunal is unable to 

assume or ascertain the validity of such information without any other corroborating 

evidence. Said differently, Petitioner’s TCV contention was not supported by any 

market evidence. Market value must be tied to market evidence. Likewise, a subject 

property’s information must be applied to the market. For these reasons, Petitioner’s 

cost receipts and photographs do not logically or factually link to the subject market. 

Therefore, the burden of going forward did not shift to Respondent, and the Tribunal’s 

duty to make an independent determination of value was not triggered. As such, 

involuntary dismissal of the 2024 and 2025 tax years is warranted. 

 

IT IS ORDERED that this case is DISMISSED. 

 

This Order 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: June 17, 2025

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MTT Docket No. 24-003396 

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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 provided by those parties, attorneys, or authorized 

representatives. 

 

By: Tribunal Clerk

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