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24-003651.pdf

Robert J Bates, Petitioner V Township Of Ira, Respondent · 24-003651-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 

 

Robert J Bates, 

MICHIGAN TAX TRIBUNAL 

 

Petitioner, 

SMALL CLAIMS DIVISION 

 

v 

 

MTT Docket No. 24-003651 

 

Ira Township, 

 

Case Type: Taxable Value Only 

Respondent. 

 

 

 

PROPOSED OPINION AND JUDGMENT 

 

Personnel Presiding: 

 

 

Samantha Welton, Administrative Law Judge 

Location of Hearing: 

 

 

Telephone 

Hearing Held on: 

 

 

 

January 13, 2026 

Appearances on Behalf of Petitioner: 

Donnell Robinson & Robert Bates 

Appearances on Behalf of Respondent: Shawn M Biernat 

 

 

PROPOSED JUDGMENT 

 

The subject property’s taxable value (TV) for the tax years at issue shall be as follows: 

 

 

Parcel Number: 74-23-140-0042-000 

Year

TV

2024

$16,097

2025

$16,596

 

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 July 3, 2024, and Respondent filed an 

answer on October 29, 2024. 

 

The amount of the 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 the subsequent tax years is included in this proceeding.2 

 

ISSUES AND APPLICABLE LAW 

 

The issue in this matter is whether the TV exceeds the amount provided by MCL 

211.27a. 

 

1 See MCL 205.762(1). 

2 See MCL 205.737(5)(b).

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MTT Docket No. 24-003651 

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MCL 211.27a provides that a property’s TV is the lesser of the property’s State 

Equalized Value (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).3 

 

MCL 211.34d(1)(b) defines the term “additions” for tax years after 1994. Under MCL 

211.34d(1)(b)(i), additions include omitted real property. That subsection states: 

 

As used in this subparagraph, “omitted real property” means previously 

existing tangible real property not included in the assessment. Omitted real 

property does not increase taxable value as an addition unless the 

assessing jurisdiction has a property record card or other documentation 

showing that the omitted real property was not previously included in the 

assessment. The assessing jurisdiction has the burden of proof in 

establishing whether the omitted real property is included in the 

assessment. Omitted real property for the current and the 2 immediately 

preceding years, discovered after the assessment roll has been completed, 

must be added to the tax roll pursuant to the procedures established in 

section 154. For purposes of determining the taxable value of real property 

under section 27a, the value of omitted real property is based on the value 

and the ratio of taxable value to true cash value the omitted real property 

would have had if the property had not been omitted. 

 

SUMMARY OF EVIDENCE 

 

A. Petitioner’s Evidence 

 

Petitioner’s contentions of TV: 

 

Parcel Number: 74-23-140-0042-000 

Year

TV

2024

$5,847

2025

$6,028

 

The exhibits offered by Petitioner may be viewed on lines 1 and 8 of the docket 

maintained in this case.4 No exhibits were excluded from evidence. 

 

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

that the subject property required normal repair and maintenance and the value should 

not have increased as a result of the Mathieu-Gast repairs. 

 

This property was purchased in 2014, and the lot is a nonconforming lot. A building 

permit would not have been granted but there was a building on the property at the time 

of purchase. Due to water levels and age of the building, the property was 

deteriorating. Ira Township issued a letter indicating the building was required to be 

 

3 See MCL 211.34d. 

4 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. 24-003651 

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fixed due to the condition. Petitioner went to the zoning board of appeals and requested 

a variance to repair the nonconforming structure. A building permit was issued to repair 

the existing building. The building permit was to facilitate repairs and quality of 

construction, and because the repairs may go beyond 60% of the value of the property. 

The Mathieu-Gast Act was triggered since the repairs were to bring the building up to 

code. 

 

The subject property is an older building with two stories; the new building is also two 

stories, the roofline was replaced, it has the exact same square footage, and the 

building was not expanded or added to. Any repairs made to the existing structure 

clearly fall under the Mathieu-Gast Act. Respondent says it does not and that it has 

new additions. 

 

B. Respondent’s Evidence 

 

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

 

Parcel Number: 74-23-140-0042-000 

Year

TV

2024

$26,347

2025

$27,163

 

The exhibits offered by Respondent may be viewed on lines 5 and 9 of the docket 

maintained in this case.5 No exhibits were excluded from evidence. 

 

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

that the Mathieu-Gast Act does not apply in this case and the subject property’s TV was 

increased due to omitted property. Ms. Biernat testified that with Mathieu-Gast Act, the 

value is not to be increased based on effective age, and the economic condition factor 

cannot be changed or increased. The second paragraph of the Act references normal 

repairs. The structure was not on the record at all; the subject property was being 

assessed as vacant land and the improvements were not valued. The value is not 

being increased, the value is being added to the record card. Nevertheless, Petitioner 

did not timely file the request for normal maintenance and repairs. 

 

Ms. Biernet testified that the previous assessor gave a reduction due to the condition of 

the structure; it did not contribute value to the property, so it was not assessed. An 

external review of photographs of the subject property does show it looks to be the 

same but for a different pitch to the new building. 

 

The structure is valued as a single family structure because it is a garage building with 

finished space above the garage. This is proper even if it is only used for storage 

because reductions are given through obsolescence. The record card shows 50% 

effective age (physical obsolescence) and additional obsolescence at 65% good for no 

bathroom. 

 

 

5 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. 24-003651 

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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 7857 Long Island Court in Saint Clair County. 

2. The subject property is classified as residential real property. 

3. The subject property contains a storage building that is not inhabited. 

4. Petitioner was cited by Respondent due to the storage building being in disrepair. 

5. After obtaining a variance and building permit, Petitioner repaired the storage 

building with repairs being complete in 2023. 

6. The 2016 – 2023 property record cards, submitted by Respondent, reflect the 

subject property as being assessed for land only. 

 

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.6 The 

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

evidence.7 

 

Petitioner characterizes this appeal as “[u]ncapping of taxable value when covered by 

State Law (Mathieu-Gast Act . . .).” However, alleging an uncapping occurred due to 

improper consideration of Mathieu-Gast maintenance and repairs is misplaced. 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).8 Thus, a property’s TV uncaps only when a 

transfer of ownership, under MCL 211.27a, occurs. Here, neither party alleges a 

transfer of ownership occurs. Rather, Petitioner alleged the Mathieu-Gast Act, MCL 

211.27(2), was violated and Respondent’s additions were improper. 

 

MCL 211.27(2) states that “[t]he assessor shall not consider the increase in true cash 

value that is a result of expenditures for normal repairs, replacement, and maintenance 

in determining the true cash value of property for assessment purposes until the 

property is sold.” The statute goes on to list specific repairs that are considered normal 

maintenance if they are not part of a structural addition or completion. 

 

The Tribunal finds that the Mathieu-Gast Act speaks to increases to the true cash value 

(TCV) and not the TV and the Act is not applicable to whether normal repairs, 

replacement, and maintenance are given nonconsideration for TV purposes. 

 

 

6 MCL 205.735a(2). 

7 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). 

8 See MCL 211.34d.

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MTT Docket No. 24-003651 

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For TV purposes, “additions” includes “omitted property” and “new construction.”9 Here, 

the storage building is not new construction as the parties agree it was in existence 

before it was renovated. However, the storage building was not assessed by 

Respondent given its poor condition and inhabitability. Omitted real property, is 

“previously existing tangible real property not included in the assessment.”10 However, 

“[o]mitted real property shall not increase taxable value as an addition unless the 

assessing jurisdiction has a property record card or other documentation showing that 

the omitted real property was not previously included in the assessment. The assessing 

jurisdiction has the burden of proof in establishing whether the omitted real property is 

included in the assessment.”11 

 

Respondent indicated at hearing that the subject property’s TV for 2024 increased by 

more than the inflation rate due to an addition in the form of property that had not 

previously been included on the assessment roll (i.e., omitted property). Petitioner 

contends that the building has been on the property since they purchased it in 2014. 

However, Respondent submitted property record cards from 2016 – 2023 showing there 

were no improvements on the subject property and the building values all showed zero. 

The record cards reflected only land being assessed. As such, Respondent has met its 

burden in proving there was omitted property that must now be added back to the 

subject property now that the storage building has been renovated and contributes 

value to the subject property. 

 

Pursuant to MCL 211.34d, “the value of omitted real property is based on the value and 

the ratio of taxable value to true cash value the omitted real property would have had if 

the property had not been omitted.”12 This is best interpreted as meaning: division of 

the TV of the subject property without the omitted property by the TCV of the subject 

property without the omitted property. This formula as applied to the subject property is 

$5,847/$23,200 = .25. When this ratio is applied to the $41,000 TCV of the omitted 

building, the value of the building as a TV addition is $10,250. As such, the subject 

property’s 2024 TV must be calculated as follows under MCL 211.27a(2): 2023 TV of 

$5,569 x 2024 inflation rate multiplier of 1.05 = $5,847 + $10,250 omitted property = 

$16,097. The Tribunal finds that the 2024 TV is $16,097 and not $26,347, as recorded 

on the 2024 property record card. 

 

The parties agree there were no additions, losses, or omitted property for the 2025 tax 

year. The 2025 TV is calculated as the corrected 2024 TV of $39,423 x 2025 inflation 

rate multiplier of 1.031 = $16,596. 

 

JUDGMENT 

 

This is a proposed decision and not a final decision. As such, no action should be taken 

based on this decision. 

 

 

9 MCL 211.34d(1)(b)(iii). 

10 MCL 211.34d(1)(b)(i). 

11 Id. 

12 MCL 211.34d(1)(b)(i).

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MTT Docket No. 24-003651 

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After the expiration of the time period for the opposing party to file a response to the 

exceptions, the Tribunal will review the case file, including the Proposed Opinion and 

Judgment (POJ) and all exceptions and responses, if any, and: 

 

a. Issue a Final Opinion and Judgment (FOJ) adopting the POJ as a Final 

Decision; 

b. Issue an FOJ modifying the POJ and adopting the Modified POJ as a Final 

Decision; or 

c. Issue an Order vacating the POJ and ordering a rehearing or such other 

action as is necessary and appropriate. 

 

EXCEPTIONS 

 

The parties have 20 days from the “Entered” date below to notify the Tribunal in writing, 

by mail or by electronic filing, if they do not agree with the POJ and to state in writing 

why they do not agree with the POJ (i.e., file exceptions to the POJ). Exceptions must 

be signed and are limited to the evidence submitted prior to or at the hearing and any 

matter addressed in the POJ. There is no fee for filing exceptions. 

 

Parties must provide the opposing party with a copy of their exceptions and file proof of 

service with the Tribunal (i.e., submit a written statement indicating that the opposing 

party has been provided or “served” with a copy of the exceptions). Service on the 

opposing party can be made by mail, or if agreed to by the parties, by electronic service 

(i.e., email). The proof of service must be signed. 

 

The opposing party has 14 days from the date the exceptions are served on that party 

to file a written response with the Tribunal. Responses to exceptions must be signed. 

Parties must provide the opposing party with a copy of their response to the exceptions 

and file a signed proof of service with the Tribunal. 

 

If the parties fail to sign their exceptions or responses, or if they fail to submit a signed 

proof of service for the exceptions and/or responses, the Tribunal may not consider the 

exceptions or responses in issuing the FOJ. 

 

 

 

 

 

 

 

 

By _________________________________ 

Entered: January 26, 2026 

 

 

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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