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Duane M Mosca, Patricia E Mosca, Petitioners V City Of Iron Mountain, Respondent · 24-004018-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 

Duane M Mosca and Patricia E Mosca, 

 

MICHIGAN TAX TRIBUNAL 

Petitioners, 

 

 

 

 

SMALL CLAIMS DIVISION 

 

MTT Docket No. 24-004018 

 

 

 

 

 

 

 

 

v 

 

 

 

 

 

 

 

Case Type: Clerical Error/Mutual 

 

 

 

 

 

 

 

 

Mistake of Fact 

 

City of Iron Mountain, 

 

 

 

 

Presiding Judge 

 

Respondent. 

 

 

 

 

Jason C. Grinnell 

 

FINAL OPINION AND JUDGMENT 

 

Location of Hearing: 

 

 

 

 

Crystal Falls, Michigan 

Hearing Held on: 

 

 

 

 

 

October 29, 2025 

Appearances on Behalf of Petitioners: 

 

 

Patricia Mosca and Lori Hertig 

Appearances on Behalf of Respondent: 

 

Abbey Simondsen, Assessor 

 

SUMMARY OF JUDGMENT 

 

The subject property’s true cash value (TCV), state equalized value (SEV), and taxable 

value (TV), for the tax years at issue, are as follows: 

 

 

Parcel Number: 22-051-104-905-00 

Year

TCV

SEV

TV

2021

$210,600

$105,300

$103,8791

2022

$219,550

$109,775

$107,307

2023

$264,100

$132,050

$112,672

2024

$330,620

$165,310

$118,305

2025

$347,300

$173,650

$121,972

 

PROCEDURAL HISTORY 

 

Petitioners filed a petition alleging a mutual mistake of fact or clerical error under MCL 

211.53a with the Tribunal on October 11, 2024. Respondent filed its answer on October 

29, 2024. 

 

 

1 The 2021 TV was calculated using the revised 2020 TV of $102,445 multiplied by 2021 inflation rate 

multiplier of 1.014. See historical inflation rate multipliers at Inflation Rate Multiplier for use in the 2025 

capped value formula. The 2022 through 2025 TV was calculated using the listed inflation rate multipliers 

for the corresponding year.

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MTT Docket No. 24-004018 

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Further, the property’s assessment for tax year 2025 is included in this proceeding.2 

 

ISSUES AND APPLICABLE LAW 

 

The issue in this matter is: 

 

1. Was there a clerical error or mutual mistake of fact? 

 

“Any taxpayer who is assessed and pays taxes in excess of the correct and lawful 

amount due because of a clerical error or mutual mistake of fact made by the assessing 

officer and the taxpayer may recover the excess so paid, without interest, if suit is 

commenced within 3 years from the date of payment, notwithstanding that the payment 

was not made under protest.”3 

 

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. Petitioners’ Evidence 

 

Petitioners’ contentions of TCV, SEV and TV: 

 

Parcel Number: 22-051-104-905-00 

Year

TCV

SEV

TV

2024

$225,000

$112,500

$112,500

 

The exhibits offered by Petitioners may be viewed on line 1 of the docket maintained in 

this case.6 

 

No exhibits were excluded from evidence. 

 

 

2 See MCL 205.737(5)(b). 

3 See MCL 211.53a. 

4 See also MCR 2.517(a). 

5 Id. 

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. 24-004018 

Page 3 of 6 

 

Based on the pleadings, admitted exhibits, and sworn testimony, Petitioners contend 

that Respondent calculated the assessment for the tax years at issue using the 

incorrect gross living area of 1,800/square foot (SF) versus the actual gross living area 

of 1,682/SF and 350/SF of finished basement versus 350/SF of unfinished basement. 

 

B. Respondent’s Evidence 

 

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

 

Parcel Number: 22-051-104-905-00 

Year

TCV

SEV

TV

2021

$225,400

$112,700

$111,413

2022

$235,200

$117,600

$115,089

2023

$281,400

$140,700

$120,843

2024

$352,800

$176,400

$126,885

 

Respondent’s revised contentions of TCV, SEV and TV: 

 

 

Parcel Number: 22-051-104-905-00 

Year

TCV

SEV

TV

2021

$210,600

$105,300

$103,9687

2022

$219,550

$109,775

$107,295

2023

$264,100

$132,050

$112,181

2024

$330,620

$165,310

$115,818

 

The exhibits offered by Respondent may be viewed on line 3 of the docket maintained 

in this case.8 

 

No exhibits were excluded from evidence. 

 

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

that the subject property was incorrectly valued using 1,800/SF of gross living area and 

350/SF of finished basement. 

 

FINDINGS OF FACT 

 

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

 

1. The subject property is located at 1309 Evergreen Drive, City of Iron Mountain in 

Dickinson County. 

2. The subject property is classified as residential. 

3. Petitioners have a 100% principal residence exemption on the subject property. 

 

7 These values are based on the figures Respondent provided at hearing. However, the Tribunal revised 

the values because the inflation rate multiplier Respondent used to calculate the TV was incorrect. 

8 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. 24-004018 

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4. Petitioners paid the subject property’s taxes for tax years 2021, 2022, 2023, and 

2024. 

5. The subject property contains 1,682/SF of gross living area and an unfinished 

basement 350/SF in size. 

6. Respondent incorrectly calculated the subject property’s assessment for tax 

years 2021 through 2024 using 1,800/SF of gross living area and 350/SF of 

finished basement. 

7. The Tribunal has jurisdiction over this case for tax years 2021 through 2024 

pursuant to MCL 211.53a. 

8. Tax year 2025 is automatically included in this appeal because the hearing took 

place after April 1, 2025. 

 

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.9 The 

Tribunal's factual findings are to be supported by competent, material, and substantial 

evidence.10 

 

In September 2024, Petitioners learned that Respondent was assessing the subject 

property using 1,800/SF of gross living area with 350/SF of finished basement. 

However, the parties agree that the subject property contains only 1,682/SF of gross 

living area and 350/SF of unfinished basement. 

 

After recalculating the values using the correct information, the partes stipulate to, and 

the Tribunal finds the adjusted TCV, assessed value, and TV for tax years 2021 through 

2025 are as stated in the Summary of Judgment portion of this Final Opinion and 

Judgment. 

JUDGMENT 

 

IT IS ORDERED that the property’s SEV and TV for the tax year(s) at issue shall be as 

set forth in the Summary of Judgment section of this Final Opinion and Judgment. 

 

IT IS FURTHER ORDERED that the officer charged with maintaining the assessment 

rolls for the tax year(s) at issue shall correct or cause the assessment rolls to be 

corrected to reflect the property’s TCV and TV within 20 days of entry of this Final 

Opinion and Judgment, subject to the processes of equalization.11 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. 

 

 

9 MCL 205.735a(2). 

10 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). 

11 See MCL 205.755.

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MTT Docket No. 24-004018 

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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 

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%, (xvii) after December 31, 2024, 

through June 30, 2025, at the rate of 9.47%, and (xviii) after June 30, 2025, 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

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MTT Docket No. 24-004018 

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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 _______________________________________ 

 

Entered: November 5, 2025 

 

 

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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