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 ApplicablePage 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?
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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.
$27,016Page 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
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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:
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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.
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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
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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
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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
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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