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24-003505.pdf

Felix Shorter, Petitioner V City Of Battle Creek, Respondent · 24-003505-TT

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Page 1

RECE 

OCT 24 2024 

A 

STATE OF MICHIGAN 

i 

Te 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORMIGHHEANS TAX 

TRIBMNA, srown, pea 

GOVERNOR 

LANSING 

DIRECTOR 

PROPERTY TAX APPEAL ANSWER FORM 

VALUATION / EXEMPTION / CLASSIFICATION APPEAL 

MTT DOCKET NO. 24-003505-TT 

Section 1: Respondent’s Contact Information 

First Name: 

ML: 

Last Name/Company Name/Unit of Government: 

City of Battle Creek 

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

County: 

10 Division St N; STE 112 

Calhoun 

City or Town: 

State: 

ZiP Code: 

Battle Creek 

MI 

49014 

Telephone Number: 

Fax Number: 

269-966-3369 

N/a 

E-mail Address {do not enter unless you want MTT to send all correspondence via email): 

N/a 

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

First Name: 

M.L: 

Last Name: 

Lo: 

S 

Malek 

Firm 

Name {i "Wea Assessing 

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

10 Division St N; STE 112 

City or Town: 

State: 

ZIP Code: 

Battle Creek 

MI 

149014 

Telephone Number: 

Fax Number: 

269-966-3355 ext 1241 

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

tsmalek@battlecreekmi.gov 

Section 3: Subject Property Information 

Does the subject property have a Principal Residence Exemption of 50% or more? 

[4 Yes 

[} No 

Are the parcels listed by Petitioner contiguous or adjoining? 

If not, list which parcels adjoin one another. 

[| Yes 

na No 

rv] Not Applicable

Page 2

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 Disabled Veterans Exemption for the 2024 Tax year has been granted. 

Section 5: Jurisdictional Issues 

IF PETITIONER IS APPEALING THE TRUE CASH AND/OR TAXABLE VALUES 

Did Petitioner protest the assessment at a Board of Review (BOR)? Od Yes 

[A No 

If yes, check which BOR Petitioner attended: O March 

O July 

O December 

If no, was the Notice of Assessment properly sent to Petitioner prior to the March BOR? 

Yes 

[] No 

*Submit a copy of the Notice of Assessment with the Answer. 

If the July or December BOR revised the assessment(s) at issue, did it have authority? [a] Yes 

[Hl] No 

If yes, cite the Board’s authority, 

Was the assessment(s) at issue established as the result of a clerical error or mutual mistake of fact? 1 Yes 

[H] No 

If yes, explain 

Is Petitioner appealing from a State Tax Commission Order? 

[0 ves 

[dno 

If so, what is the issue date?

Page 3

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON I. BROWN, DPA 

GOVERNOR 

LANSING 

DIRECTOR 

Did Petitioner request a Poverty Exemption at 

a BOR? [I] Yes 

re] No 

if Yes, check which BOR Petitioner attended: [| March 

[J duly 

[| December 

List the date the BOR denied Petitioner's Poverty Exemption: 

IF PETITIONER IS APPEALING THE DENIAL OF AN EXEMPTION 

OTHER THAN POVERTY, PRINCIPAL RESIDENCE, OR QUALIFIED AGRICULTURAL EXEMPTIONS 

Did Petitioner request the exemption at a BOR? O Yes 

No 

If Yes, check which BOR Petitioner attended: [} March 

Im] July 

[| December 

Tax Year(s) denied: 

List the date the exemption was denied: 

What statutory section did Petitioner request the subject property be exempt? 

IF PETITIONER IS APPEALING THE CLASSIFICATION OF PROPERTY 

What do you believe the classification should be: 

Real 

Personal 

(check one) 

0 

Agricultural 

Commercial 

Industrial 

Residential 

Timber-Cutover 

Developmental 

Utility 

(check one) 

Section 6: Valuation Information use the multipie parcel form for additional, contiguous parcels. 

Parcel Identification Number: 

0079-00-305-0 

Classification of Property: 

Real 

Personal 

{check one) 

Agricultural 

Commercial 

Industrial 

Residential 

Timber-Cutover 

Developmental 

Utility 

(check one} 

Current Assessed Value {also known as State Equalized Value) as established by the BOR: 

$32,987 

Current Taxable Value as established by the BOR: 

$27,016 

What do you believe is the falr market value (also known as True Cash Value)? 

$65,974 

Multiply the True Cash Value by .5 and enter here. This is your contention of Assessed Value. 

$32,987 

if you believe the Taxable Value differs from your contention of Assessed Value, enter your contention of Taxable Value. 

$27,016

Page 4

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON |. BROWN, DPA 

GOVERNOR 

LANSING 

DIRECTOR 

PAPER FILING INSTRUCTIONS FOR ANSWER TO PROPERTY 

VALUATION/EXEMPTION/CLASSIFICATION APPEAL 

Follow these instructions for filing a small claims answer. For any questions that are not 

answered in these instructions, see the Tribunal’s website at www.michigan.gov/taxtrib 

or contact the Tribunal at 517-335-9760. 

Mail the completed form to: 

Michigan Tax Tribunal 

611 W, Ottawa St., Lansing, MI 48933 

U.S. Postal Mailing Address: PO BOX 30232, Lansing, Ml 48909 

Other Carriers (UPS, FedEx, DHL): 

2nd Floor MTT, 2407 N. Grand River Avenue, Lansing, MI 48906 

Section 1: Respondent’s Contact Information: 

If the respondent is a unit of 

government, the “Respondent” is not the assessor, the Respondent is the unit of 

government filing the answer to the petition (i.e. city or township). If the Respondent is 

not a unit of government, the Respondent is the party or parties (i.e., owners, taxpayers) 

filing the answer to the petition. Provide the name, address and daytime phone number 

for the respondent. 

If there is more than one Respondent, use an additional sheet of 

paper to provide the name, address and daytime phone number for each Respondent. 

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

Information: 

If Respondent is a unit of government, Respondent must be represented 

by an attorney or authorized representative to file an answer to the petition. If 

Respondent is not a unit of government (i.e., taxpayer), Respondent does not have to 

be represented by an attorney or authorized representative to file an answer to the 

petition. If Respondent is using an attorney or authorized representative, that attorney or 

authorized representative must provide all information requested in Section 2 of the 

Answer Form. 

If Respondent elects to have an attorney or authorized representative, 

only the attorney or authorized representative will receive notices and documents from 

the Tribunal. 

IMPORTANT: 

If the contact information for Respondent, or the attorney or authorized 

representative, if listed, includes an email address, the Tribunal will use that email

Page 5

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON |. BROWN, DPA 

GOVERNOR 

LANSING 

DIRECTOR 

e 

Are the parcels listed by Petitioner contiguous or adjoining: Indicate 

whether the parcels appealed are contiguous (i.e., adjoining). If not all parcels 

are contiguous, list the parcels that are contiguous. Use a separate sheet of 

paper, if necessary. 

Section 4: Explain Your Answer to this Appeal: Provide the basis of Respondent's 

answer to the property tax appeal and any necessary explanation (i.e., “set forth the 

facts upon which you rely in defense of this matter”). 

Section 5: Jurisdictional Issues: 

If Petitioner is appealing the true cash and/or taxable values: 

¢ 

Did Petitioner protest the assessment at a Board of Review (BOR): Indicate 

whether Petitioner protested the assessment(s) to a BOR and, 

if there was a 

protest, indicate which BOR (March, July, or December). 

¢ 

If there was no protest: Indicate whether the assessment change notice was 

sent to Petitioner before the March BOR and attach a copy of the Notice of 

Assessment and proof it was mailed. 

e 

If the protest was made to a July or December BOR: Indicate the BOR’s 

authority for taking that action. 

¢ 

If either party is alleging that the assessment(s) at issue were the resuit of 

a clerical error or mutual mistake of fact: Indicate the specific error or mistake, 

if any, and how that error or mistake resulted in the establishing of the 

assessment(s) at issue. 

o 

If Petitioner is appealing from a Michigan State Tax Commission Order: 

Indicate whether the STC issued an Order and the date that Order, 

if any, was 

issued. 

If Petitioner is appealing the uncapping of a property’s taxable value: 

+ 

When was the Notice of Uncapping issued: Indicate the date that the 

Uncapping Notice was sent to Petitioner and attach a copy of that Notice. 

e 

Under what statutory section was the taxable value uncapped: Indicate the 

statutory provision specifically relied upon to uncap the subject property. 

If Petitioner is appealing the denial of a poverty exemption:

Page 6

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON |. BROWN, DPA 

GOVERNOR 

LANSING 

DIRECTOR 

If Petitioner is appealing the denial of another exemption: 

e 

Did Petitioner request the exemption at 

a BOR: Indicate whether Petitioner 

requested the exemption to a BOR and, if yes, indicate which BOR (March, July, 

or December) and list the date the exemption was denied. 

o 

What statutory section did Petitioner request the subject property be 

exempt: Indicate what statutory section (i.e. law) provides the requested 

exemption. 

If Petitioner is appealing the classification of property: 

+ 

What do you believe is the property’s classification: Check what you believe 

is the property's classification. 

Section 6: Valuation Information: Use the Multiple Parcel Form for additional parcels, 

if necessary. 

+ 

Parcel Identification Number: Each parcel number being appealed must be 

listed. 

+ 

Classification of Property: Check the classification of the property being 

appealed. 

e 

Current Assessed Value as established by the BOR: Provide the current state 

equalized value (which is 50% of the true cash value), for the year(s) under 

appeal. 

e 

Current Taxable Value as established by the BOR: Provide the current 

taxable value, for the year(s) under appeal. 

« 

What do you believe is the fair market value? List what Respondent believes 

is the value of the property. 

« 

Multiply the True Cash Value by .5. This is your contention of Assessed 

Value. Property tax in Michigan is based on 50% of the True Cash Value of the 

property. 

e 

If you believe the Taxable Value differs from your contention of Assessed 

Value, enter your contention of Taxable Value. List Respondent's belief of the 

taxable value of the property for each tax year at issue. 

Signature: A signature by Respondent, if unrepresented, or Respondent's attorney or 

authorized representative, 

if represented, is required.

Page 7

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON 1. BROWN, DPA 

GOVERNOR 

LANSING 

DIRECTOR 

The Tribunal will send a notice of hearing to the parties no less than 45 days in advance 

of the hearing. To check the status of your appeal, visit our website at 

www.michigan.gov/taxtrib and click on the “Docket Search” option.

Page 8

Mm apn 

ssn 

THIS 

IS NOT A TAX BILL 

L-4400 

Notice of Assessment, Taxable Valuation, and Property Classification 

This form is issued under the authority of P.A. 206 of 1893, Sec. 211.24 (c) and Sec.211.34c, as amended. This is a mode] assessment notice to be used by the local assessor, 

FROM: ASSESSOR, (269) 966.3369 

PARCEL IDENTIFICATION 

CITY OF BATTLE CREEK 

00-305- 

PO BOX 1717 

PARCEL NUMBER: 

0079-00-305-0 

BATTLE CREEK, MI 49016-1717 

PROPERTY ADDRESS: 

13774 RENTON RD 

BATTLE CREEK, MI 49015-8634 

OWNER'S NAME & ADDRESS/PERSON NAMED ON ASSESSMENT ROLL: 

PRINCIPAL RESIDENCE EXEMPTION 

SHORTER,FELIX SR 

% Exempt As "Homeowners Principal Residence": 

100.00% 

13774 RENTON RD 

% Exempt As "Qualified Agricultural Property”: 

.00% 

BATTLE CREEK MI 49015-8634 

% Exempt As "MBT Industrial Personal”; 

00% 

% Exempt As "MBT Commercial Personal"; 

00% 

Exempt 

As "Qualified Forest Property™ 

0 Yes 

No 

Exempt 

As "Development Property”: 

[1 Yes 

No 

LEGAL DESCRIPTION: 

SEC 29 728 R8W COMM NW SEC COR - 

S ALG 

W SEC LI 571.67 FT TO TRUE POB - E 580 FT-S 763 FT - W 580 FT - N 763 FT TO 

POB, CONT 10.16 A, SUBJ TO HWY EASE, SUBJ TO EASE FOR INGRESS OVER N 33 FT THEREOF 

ACCORDING TO MCL 211.34c THIS PROPERTY IS CLASSIFIED AS: 

401 

(RESIDENTIAL-IMPROVED) 

PRIOR YEAR'S CLASSIFICATION: 

401 

(RESIDENTIAL-IMPROVED) 

The change in taxable value will increase/decrease your tax bilt for the 2024 

PRIOR AMOUNT 

CURRENT TENTATIVE 

CHANGE FROM 

year by approximately: 

$1329 

YEAR: 

2023 

AMOUNT YEAR: 

, 

CAREY 

1. TAXABLE VALUE: 

27,018 

27,018 

2. ASSESSED VALUE: 

32,987 

32,987 

3. TENTATIVE EQUALIZATION FACTOR: 

1.000 

: 

4. STATE EQUALIZED VALUE (SEV): 

0 

32,987 

32,987 

5. There WAS or WAS NOT a transfer of ownership on this property in2023 

WAS NOT 

6. Assessor Change Reason: 

From Exempt, Market Adjustment 

The 2024 infiation rate Multiplier is: 1.05 

Questions regarding the Notice of Assessment, Taxable Valuation, and Property Classification may be directed to the Following: 

Name: 

Phone: 

Email Address: 

AARON POWERS 

269-966-3369 

ASSESSOR@BATTLECREEKML.GOV

Page 9

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Page 11

10/21/2024 

Valuation 

Report 

03:26 

PM 

0079-00-305-0 

2024 

Est. 

T.C. 

Property Class: 

401 

Map 

#: 

629NW 

CITY OF BATTLE CREEK 

Vv. 

SHORTER, FELIX 

SR 

13774 

RENTON 

RD 

BATTLE 

CREEK, 

Land Value Estimates 

for Land Table 

00326.326 RURAL 

* 

Factors 

* 

Description 

Frontage 

Depth 

Front 

Depth 

BC 

SCH 

763.00 547.00 1.0000 0.0000 

BC 

SCH 

763.00 

33.00 

1.0000 0.0000 

BATTLE 

CREEK 

SCH 

DIS 

9.581 

Acres 

ROW 

0.578 Acres 

* denotes 

lines that 

do 

not contribute 

to 

1526 Actual 

Front 

Feet, 

10.16 

Total Acres 

Rate 

%Adj. 

Reason 

Value 

110 

100* 

0 

110 

100* 

0 

6,446 

100 

BC SCHOOLS 

61,761 

0 

100 

[¢] 

the 

total acreage calculation, 

Total 

Est. 

Land Value 

= 

61,761 

Ag. 

Bld 

1 

0, 

4 

Wall Utility Building 

Class:D, Pole 

Quality:Low Cost 

Height: 

10 

ft 

Description 

Rate 

Size 

Cost 

New 

Base Cost 

4.10 

1230 

5,043 

Default Walls 

5.27 

1230 

6,482 

Phy/Ab.Phy/Func/Econ/Comb, 

% Good=30/100/100/100/30 

Depx. 

Cost 

= 

3,458 

<<< 

Cost 

Estimate Overridden 

by Assessor 

>>> 

1,500 

ECF 

(20326 

RURAL 

(M&B) 

BC 

SCHOOLS) 

0.855 

=> 

TCV 

of 

Bldg: 

1 

= 

1,283 

Ag. 

Bld 

2 

0, 

4 

Wall 

Utility 

Shed, 

3 

Wall 

Class:D, Pole 

Quality:Low Cost 

Height: 

10 

ft 

Description 

Rate 

Size 

Cost 

New 

Base 

Cost 

2.84 

1050 

2,982 

Default 

Walls 

4.93 

1050 

5,177 

Phy/Ab.Phy/Func/Econ/Comb. 

% Good=30/100/100/100/30 

Depr. 

Cost 

= 

2,448 

ECF 

(20326 

RURAL 

(M&B) 

BC 

SCHOOLS) 

0.855 

=> 

TCV 

of Bldg: 

2 

= 

2,093 

Ag. 

Bld 

3 

0, 

4 

Wall Utility Building 

Class:D, Pole 

Quality:Low Cost 

Height: 

10 

ft 

Description 

Rate 

Size 

Cost 

New 

Base 

Cost 

4.14 

1380 

5,713 

Default Walls 

5.31 

1380 

7,328 

Phy/Ab. Phy/Func/Econ/Comb. 

% Good=30/100/25/100/7.5 

Depr. 

Cost 

= 

978 

ECF 

(20326 

RURAL 

(M&B) 

BC SCHOOLS) 

0.855 

=> 

TCV 

of Bldg: 

3 

= 

836 

Total Estimated True 

Cash Value 

of Agricultural Buildings 

= 

4,212 

2024 

Est. 

T.C.V. 

007%-00-305-0 

= 

65,973 

Est. 

TCV/Total 

Floor Area 

= 

0.00, 

Most 

recent 

sale 03/27/2007 

for 

153,500 

2023 Assessed 

MBOR 

S.E.V. 

Base 

for 

Cap 

cC.P.I. 

30,315 

0 

0 

0 

5.00 

2024 

New 

Eg. 

Adjustment 

Loss 

Additions 

Tax Adjustment 

Losses 

32,987 

0 

[4] 

27,016 

0 

0 

MI 

49015-8634

Page 12

Michigan Department of Treasury 

5T07~(44-22) 

i} 

_ 

— 

. 

. 

RECEIVED 

State Tax Commission Affidavit of Disabled Veterans Exemption 

Issued under authority of Public Act 161 of 2013, MCL 211.7b. 

Jiliag 

is 

mandatory. 

FEB 0 5 2024 

©) 

ul 

CL 211.7b, for real property 

usedand auned 8BfcE 

e bEadisaliied 

verdrén who, immediately before death, 

WAY eligible 

os hraemp! 

INSTRUCTIONS: This form is to be used to apply for an exe 

homestead by a disabled veteran or an unremarried surviving 

under this section. 

on 

OWNER INFORMATION 

(Enter information for the disabled veteran or unremarried surviving spouse) 

Owner's Name 

FLATS Number 

SHORTER,FELIX SR 

207% 

\W\5 

Owner's Mailing Address 

City 

dn 

Zip Code 

13774 RENTON RD 

BATTLE CREE 

Mi 

49015-8634 

LEGAL DESIGNEE INFORMATION (Complete if applicable) 

Legal Designee Name 

- 

Daytime Telephone Number 

[3 ~\L 

Legal Designee Mailing Address 

City 

State 

Zip Code 

HOMESTEAD PROPERTY INFORMATION 

(Enter information for the property in which the exemption is being claimed) 

City, Township or Village (Check the appropriate box and provide the name) 

| County 

CALHOUN 

City 

[J rownship 

[| Vilage 

(Name ofLocarSenoor District 

13020 

BATTLE CREEK PUBLIC SCH 

Parcel Identification Number 

Date the Propety was Acquired (MM/DD/YYYY) 

0079-00-305-0 

) 

Homestead Property Address 

City 

State 

Zip Code 

13774 RENTON RD 

BATTLE CREEK 

Mi 

49015-8634 

ACKNOWLEDGEMENT (Check all boxes that apply) 

| am a disabled veteran, or the legal designee of the disabled veteran. 

[] 

| am the unremarried surviving spouse of a disabled veteran who, immediately before death, was eligibel for the exemption under this section. 

| am a Michigan resident. 

| own the property in which the exemption is being claimed and it is used as my homestead. Homestead is generally defined as any dwelling with its land 

and buildings where a family makes its home. 

AFFIRMATION OF ELIGIBILTIY (Check the appropriate box and provide a copy of the required documentation) 

The disabled veteran has been determined by the United States Department of Veterans Affairs to be permanently and totally disabled as a result of 

[V] 

military service and entitled to veteransi benefits at the 100% rate (must attach a copy of the letter from the U.S. Department of Veterans Affairs). 

[+ 

me disabled veteran is receiving or has received pecuniary assistance due to disability for specially adapted housing (must attach a copy of the certificate 

from the U.S. Department of Veterans Affairs). 

[oe veteran has been rated by the United States Department of Veterans Affairs as individually unemployable (must attach a copy of the letter from the 

U.S. Department of Veterans Affairs). 

CERTIFICATION 

| hereby certify to the best of my knowledge that the information provided in this Affidavit is true and 

| am eligible to receive the disabled veterans 

exemption from property taxes pursuant to Michigan Compiled Law, Section 211.7b. 

Printed Name of Owner or So Designee 

"Ig 

/ Ue,

Page 13

ASSESSING 

Providing A 

in 

rvices 

Thr 

Michi 

*** 

PROOF OF SERVICE 

*** 

The undersigned being first duly sworn, deposes and says that he, Tyler S Malek, placed in the United States 

Mail, postage prepaid, a copy of the following document(s), properly addressed: 

Date: 

10/21/2024 

Docket Number: 

~~ 24-003505-TT 

City of Battle Creek vs Felix Shorter 

Document(s): 

Respondent's: 

Answer to Petition 

Addressee(s): 

Michigan Tax Tribunal - Small Claims Division 

PO Box 30232 

Lansing, MI 48909 

Petitioner/Agent: 

Felix Shorter 

13774 Renton Rd 

Battle Creek, M1 49015 

has — - 

Tyler S Malek 

City of Battle Creek Authorized Representative 

(for notary use:) 

Subscribed and sworn to before me by Tyler S Malek on 

( he: / 20 2

Page 14

ASSESSING 

Providi 

October 21, 2024 

Michigan Tax Tribunal - Small Claims Division 

P.O. Box 30232 

Lansing, MI 48909 

Re: 

Docket No. 24-003505-TT 

Felix Shorter vs City of Battle Creek 

Hearing: NA 

Dear Sir/Madam: 

Thr 

o 

i 

Enclosed please find Respondent's Answer in the above-referenced matter. 

Should you need anything further, please do not hesitate to contact me directly. 

Sincerely,

Page 15

(ep ir 

F 

B

10 N. Division St., Suite 104 

+ P.0. Box 

Battle Creek, Michigan 

« 48016-17

ES 

Mich

Po 

Lans

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