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Berger.pdf

Mendy Berger, Aviva Berger, Petitioners V Township Of Geneva, Respondent · 24-003917-TT

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Fis 

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING Al 

GOVERNOR 

LANSING 

ND REGULATORY AFFAIRS 

PROPERTY TAX APPEAL PETITION FORM 

VALUATION / EXEMPTION / CLASSIFICATION APPEAL 

Do not use this form to appeal Principal Residence Exemption, Qualified Agricultural Exemption, Special Assessment, or 

Non-Property tax disputes. 

submit this document, you may be held in default. 

Pursuant to Michigan Tax Tribunal Rule (TTR) 277(3), you MUST submit a copy of the notice giving rise to the appeal 

(e.g. Board of Review Decision or Notice of Uncapping) with this Small Claims Petition, if applicable. If you do not 

Section 1: Petitioner’s Contact Information 

First Name 

M.L 

Last Name/Company Name 

Mendy/Aviva 

Berger 

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

68th St., Lot 44 

City or Town 

State 

ZIP Code 

South Haven 

Mi 

49090 

Telephone Number 

Fax Number 

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

Representative’s Contact Information 

Section 2: Petitioner’s Attorney/Authorized 

I 

First Name 

M.I 

Last Name 

Stephen 

Polter 

Firm Name 

(if an: 

“*Polter Law Group 

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

2600 W Big Beaver, Ste L100 

City or Town 

State 

ZIP Code 

Troy 

Ml 

48084 

Telephone Number 

Fax Number 

2482136800 

2482136801 

spolter@polterlaw.com 

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

Section 3: Subject Property Information 

parcelsareyou | [] vest 

[] No** 

How many 

If you are appealing more than one parcel, are they contiguous or adjoining? 

appealing? 

*If yes, use a multiple parcel form for information regarding any contiguous parcels. 

MARLON |. BROWN, DPA 

DIRECTOR

Page 3

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON I. BROWN, DPA 

GOVERNOR 

LANSING 

DIRECTOR 

Section 4: Issues Being Appealed (check ai that apply) 

[@ True Cash and Taxable Value 

{J Poverty Exemption 

[M1 Taxable Value Only (calculation) 

[J Disabled Veterans Exemption 

[2] Uncapping of Taxable Value 

[J Eligible Manufacturing Personal Property (ESA) 

[1 Exemption from Taxation (other than the denial of a 

[1 Classification 

Principal Residence or Qualified Agricultural Exemption) 

Section 5: Explain the Reason for this Appeal 

Incomparable with other similarly situated properties (deck) 

Section 6: Jurisdictional Issues 

Year(s) you are appealing: 

2024 

Did you protest the assessment at a Board of Review (BOR)? [M Yes 

[No 

If Yes, check which BOR you attended AND attach the BOR decision: [rd March 

[| July 

[I December 

if No, check the applicable reason(s): 

Not required to attend 

[I] Assessment Change Notice was not recelved by Petitioner 

[I] Appealing a purported Clerical Error or Mutual Mistake of Fact (if yes, include explanation in Section 6) 

[I] Appealing within 35 days of State Tax Commission Order

Page 4

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON I. BROWN, DPA 

GOVERNOR 

LANSING 

Section 7: Valuation Information ‘use the multiple parcel form for additional, contiguous parcels, 

DIRECTOR 

Parcel identification Number: 

80-09-995-044-00 

Classification of Property: 

Real 

Personal 

(check ons) 

[%} 

Agricultural 

Commercial 

Industrial 

Residential 

Timber-Cutover 

Developmental 

Utility 

(check one) 

7) 

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

18200 

Current Taxable Value as established by the BOR: 

16978 

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

18200 

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

9100 

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

Section 8: Classification Information *Only the Mi Dep’t of Treasury may appeat this issue to the Tribunal* 

Parcel Identification Number; 

80-09-995-044-00 

Current Classification of Property as established by Board of Review: 

Real 

Personal 

{check one) 

7] 

Agricultural 

Commercial 

Industrial 

Residential 

Timber-Cutover 

Developmental 

Utility 

(check one} 

[A 

What do you believe is the property's classification? 

Real 

Personal 

{check one) 

Agricultural 

Commercial 

Industrial 

Residential 

Timber-Cutover 

Oevelopmental 

Utility 

(check one) 

If improved property, how is the property currently being used? 

If improved property, for what use was the property designed?

Page 5

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON I. BROWN, DPA 

GOVERNOR 

LANSING 

DIRECTOR 

Fee Information 

Does the subject property have a Principal Residence Exemption of at least 50% as of the date of the filing of this petition? 

[3 Yes 

Are you appealing ONLY the denial of a Poverty Exemption or Disabled Veterans Exemption? 

[J Yes 

[J No 

If you answered yes to either or both of the above questions, you are not required to pay any filing fees. 

The fifing fee is based on the greater of the State Equalized Value or Taxable Value in contention. 

If you are appealing more than one 

parcel, the parcel with the highest State Equalized Value or Taxable Value in contention will be used to determine your filing fee, plus 

$25.00 will be added for each additional parcel being appealed, not to exceed a total filing fee of $1,000. 

If your property is residential property (see MCL 205.762) and 

the State Equalized Value or Taxable Value in contention is: 

Filing Fee is: 

$100,000.00 and under 

$125.00 

$100,000.01 to $500,000.00 

$200.00 

$0ver $500,000.00 

$300.00 

if your property is 

NOT residential property (see MCL 205,762) and 

the State Equalized Vatue or Taxable Value in contention is: 

Filing Fee is: 

$100,000.00 and under 

$250.00 

* Plus $25.00 for each additional parcel, as indicated above. 

if your property is NOT residential property and the State Equalized Value or Taxable Value in contention is $100,000.01 or greater the 

appeal does not qualify for Small Claims. Therefore, an Entire Tribunal petition must be filed. 

Ist

Page 6

Michigan Department of Tr sury 

Form 618, Page 2 

A 

: 

’ 

\ 

XE 

FOR BOARD OF REVIEW USE ONLY 

INSTRUCTIONS: Incorporate a copy of this form and the assigned number in the Board of Review minutes. 

Petition Number 

Parcel Code 

& 7% 

80-09-095-044-00 

1. ASSESSED VALUE 

Disposition by Board of Review. The Board of Review must state the reason for its action below. 

=a Denied 

O 

Assessed Value Changed From: 

[ 

500 

ro: 

[ 

Record of Vote - Board or three member committee of board 

Ono BZ 

Member: 

[M Yes 

[J no Fh 

Member: 

[ves 

[J no ZY 

irperson: 

YES 

Chairperson: 

[1 

Initials 

Inifials 

Reason for Board Action: 

Agr 

PY 

RS EY SY 

¢ ha 

If you disagree with the decision of the Board of Review regarding tentative assessed value, you may appeal that decision by filing a petition with the Michigan Tax Tribunal at 

P.0.Box 30232, Lansing, Mi. 48909. Commercial Real, Industrial Real, Developmental Real, Commercial Personal, Industrial Personal and Utility Personal Property may be 

appealed by May 31. Agricultural Real, Residential Real, Timber - Cut Over Real, and Agricultural Personal Property may be appealed by July 31. The petition must be filed on 

a Michigan Tax Tribunal for or a form approved by the Michigan Tax Tribunal. Michigan Tax Tribunal forms are available at www.michigan.gov/taxtrib. 

2. TENTATIVE TAXABLE VALUE 

Disposition by Board of Review. The Board of Review must state the reason for its action below. 

500 

To: 

[| 

Denied 

[ 

Tentative Taxable Value Changed From: 

Record of Vote - Board or three member committee of board. 

Member: 

[] 

YES 

[| 

NO mm 

Member: 

[1 YES 

[7] NO—fmms- 

Chairperson: 

[7] YES 

[[] 

NO me 

Reason for Board Action: 

If you disagree with the decision of the Board of Review regarding tentative taxable value, you may appeal that decision by filing a petition with the Michigan Tax Tribunal at 

P.0.Box 30232, Lansing, Mi. 48909. Commercial Real, Industrial Real, Developmental Real, Commercial Personal, Industrial Personal and Utility Personal Property may be 

appealed by May 31. Agricultural Real, Residential Real, Timber - Cut Over Real, and Agricultural Personal Property may be appealed by July 31. The petition must be filed 

on a Michigan Tax Tribunal for or a form approved by the Michigan Tax Tribunal. Michigan Tax Tribunal forms are available at www.michigan.gov/taxtrib. 

3. CLASSIFICATION 

Disposition by Board of Review. The Board of Review must state the reason for its action below. 

[J] 

Denied 

[] 

Classification Changed From: 

410 

To: 

Record of Vote - Board or three member committee of board. 

Chairperson: 

[1 Yes 

[1 NOs 

Member: 

[J Yes 

[] 

NO 

fogs 

Member: 

[1 ves 

[1 NO Tits 

Reason for Board Action: 

If you disagree with the decision of the Board of Review regarding classification, appeal is made by sending Form 2167 to the State Tax Commission, P.O. Box 30471, Lansing, Mi. 48909 by June 30. 

4. QUALIFIED AGRICULTURAL PROPERTY EXEMPTION 

Disposition by Board of Review. The Board of Review must state the reason for its action below. 

OJ 

Exemption Request Denied 

O 

Exemption percent modified from 

% To: 

% 

Record of Vote - Board or three member committee of board.

Page 7

mms 

Michigan Department of Treasury 

618 (Rev. 11-12) 

Petition to Board of Review 

p2d 

L.-4035 

This form is issued under the authority of P.A. 206 of 1893, as amended. Filing is voluntary, however you may not appeat to the Michigan Tax Tribinal 

or the State Tax Commission unless you first protest (o the Board of Review. 

TO BE COMPLETED BY OWNER OR OWNER'S AGENT 

Owner's Name (Please Print or Type) 

Mendy & Aviva Berger 

Petitioner's Name 

(If oT 

Sloase 

int or Type) 

Yitzchok & Mal 

ander 

DEAN EAN 

Township or City 

Geneva 

Coun 

Van Buren 

The undersigned protests the assessed value and/or the tentative taxable value and/or the property classification and/or the qualified 

agricultural property exemption of the following described property: 

Property Identified (Parcel code required. Property address & legal description optienal) 

80-09-995-044-00 

68th St. Lot 44, South Haven 

410 

Assessed Value 

1. PROTEST OF ASSESSMENT 

(Complete this section for a protest of assessed value and/or tentative taxable value) 

Tentative Taxable Value 

7] Qualified Agricultural 

Property Exemption 

Protested Item 

I] Classification 

Owner's Estimate of True Cash Value 

$18,200 

Assessed Amount 

$18,200 

Year 

2024 

Tentative Taxable Value 

$16,978 

2. PROTEST OF CLASSIFICATION 

(Complete this section for a request to change the classification, The Board of Review must make their decision regarding classification in 

accordance with Section 211.34c of the Michigan Compiled Laws. The Board of Review shall not be influenced by the effect that a particular 

classification has on that property's status as a homeowner's principal residence or qualified agricultural property.) 

Classification of property on this year's assessment roll 

0 

Classification should be {check one of the following): 

| Agricultural 

MO Industrial 

] Commercial 

Residential 

| Timber Cutover 

J Utility (Personal Property Only) 

[1 pevetopmentat 

. PROTEST OF EXEMPTION FOR QUALIFIED AGRICULTURAL PROPERTY 

(If the assessor has denied or changed the percentage of the exemption from the 18 mills of local school operating tax for qualified agricultural 

property, the owner may appeal this action to the March Board of Review. THE BOARD OF REVIEW HAS NO AUTHORITY TO CONSIDER OR ACT 

UPON THE EXEMPTION FROM THE 18 SCHOOL OPERATING MILLS FOR HOMEOWNER'S PRINCIPAL RESIDENCE PROPERTIES.) 

: 

Percent qualified agricultural exemption granted by assessor {Enter 0 if exemption 

denied) 

Percent qualified agriculiural exemption requested by cwner (Enter 160 if full 

exemption requested) 

4. REASON FOR PROTEST 

State reason(s) for protest of assessed value and/or the tentative taxable value and/or classification and/or qualified agricultural property exemption 

Wholly incomparable with other similarly situated properties.

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