24-003589.pdf
Judy L Gentner, Petitioner V Township Of Burtchville, Respondent · 24-003589-TT
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mT oockeTho: RECEIVED 24-003589 MAY 0:2 2025 Judy L. Genter MICHIGAN TAX TRIBUNAL 6486 Lakeshore Rd. Burtchville, MI 48059 MTT Docket Number 24-003589 April 28, 2025 Michigan Tax Tribunal P.O. Box 30232 Lansing, MI 48909 To who it may concern: Although many equalization tasks consider the aggregate value of property within a class rather than individual values, the Accessor failed to remember two things about equalized and taxable values. First, if the calculated capped value of a parcel exceeds the state equalized value, the state equalized value becomes the taxable value. Second, if the property has had a transfer of ownership in the previous year, the state equalized value (SEV) becomes the taxable value for the year following the transfer of ownership, effectively “uncapping” it. In the tax tribunal response dated April 22, 2025 from Burtchville Township. The accessor states “The property was not accessed at the purchase price of the home for 2024”. It appears that the accessor added an additional $8,902 to the purchase price setting it to $758,902 to circumvent the MCL 211.27a(3). In short not accessing at half the purchase value and calling it “true Cash Value”. Very deceptive by the accessor. The below comp does not support the “True Cash Value”. The accessor used this method to disregards the uncapping of the SEV or the aggregate value of property within a class rather than individual values as stated above.
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PETITIONER: Judy L. Gentner MTT DOCKET NO: 24-003589 property transferred to me; the taxable value was required to be uncapped at the state equalized value of $342,000. At the end of 2024 there was a required increase using the inflation rate multiplier of 1.05%, making the new SEV for the property at $355,591. That is what it should have been, but was not accessed that way. Furthermore, there was an additional error in calculating the “Land Value” addressed below. The accessor failed to follow the state guidelines. She used the sale price for the new SEV, then added the 1.05% inflation rate multiplier and an additional $562.50 to create a new SEV based on the sale price and some undetermined increase of her own to come up with an unjustified number. The new 2024 SEV $342,000 with multiplier should be $355,591. What was created in error by the accessor: 2024 6486 Lakeshore Rd. Actual Sale price $750,000/$375,000 Accessor used the sale of $750,000/$375,000 with Multiplier 1.05% = $378,937 + $562.50 of unknown origins = $759,000/$379,500. The accessors new SEV is based on sales $379,500. Which is unconstitutional. Accessor did not use the uncapped SEV and current year multiplier. The accessor did not use an aggregate value of property, defended ECF Study to support the change. If a supported ECF Study was used, | am requesting a copy of the study used to support the SEV change and prove it was not based on sales. Again, is unconstitutional by law. If a current based sale ECF Study was used to support the change to the SEV and not an aggregate value of property based ECF, | will file a formal complaint to the state commission to correct the inappropriate actions of the accessor. The state has a strict mandated policy to be fair and accurate to everyone. The assessment should not be based on a lack of training or personal feelings. The accessor disregarded the Tax Commission Bulletin No. 19 of 1997 and State Tax Commission Memorandum dated October 25, 2005 that describes the illegal and unconstitutional practice of “following sales”. The comparable the accessor used to create a new SEV were based on sales, when uncapping an already established SEV that
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PETITIONER: Judy L. Gentner MTT DOCKET NO: 24-003589 footage in error to determine value rather than sales, then in the opening sentence of the second paragraph, first line, the accessor stated | disregarded the square footage manuals issued by the state tax commission required by the State of Michigan. The two statements contradict each other. The whole point of State Equalized Value is; some houses are purchased under value, and in my case, purchased over the value. The State Equalized Value is set to keep everything in check. In this case, it protects me from myself for over paying. The above statements are mute. The SEV takes precedence. If we are considering current sales as a determining factor, then there is only one comparable that holds the most accurate data. The neighboring property, 6500 Lakeshore Rd. In 2023 it sold for $695,000. In April of 2025 it was resold for $700,000. The major differences: e 2,700 sq feet to my 2,646 sq feet. e 100 feet of linear frontage to my 44 feet of linear frontage on Lake Huron. The lake frontage at the comparable next door at 6500 Lakeshore property is $3,706.00 at 100 linear feet equals $370,650. My property at 6786 Lakeshore is $4,806 at 44 linear foot equals $211,468. The difference is $1,100 more per linear foot for me than the next- door comparable property. Same beach, same view and depth. My property should be accessed at the same SEV land usage value as the comparative house next door. My land usage value should be $3,706.00 at 44 linear feet which equals $163,064. Not $211,486. eo Cement boat ramp access to Lake Huron to no access eo Finished walk out basement to my unfinished non-walk out basement. e 2% car attached garage to my 2-car detached garage 100 feet away. e Vinyl siding to my brick siding. e 4 bathrooms to my 3 bathrooms eo 2 Fireplaces to my 1 Fireplace. o No County easement to my unusable County Drain easement across my property. e Both interiors are dated.
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PETITIONER: Judy L. Gentner MTT DOCKET NO: 24-003589 New 2024 SEV for the above comparable, 6500 Lakeshore, SEV is $737,600/$368,800, with actual sale and multiplier. The accessors errored calculation of 6486 Lakeshore is $759,000/$379,500. This is not a comprehensible calculation that would make my property worth $21,400 more than the comparable next to my property, when the house next to mine has superior amenities and has an additional 56 linear feet of frontage. Base on this comparable my property SEV is already over assessed due to the miscalculation of land value. Land Value assessment will be addressed below. State Equalized Value can’t be determined by a “reflection of quality/characteristics” from a drive by visual. An accessor does not have the luxury to walk through each house and determine a saleable value. Therefore, the accessor errored in determining an SEV based on a visual, assumed “quality/characteristics”, and sale price of a property. Additionally, if the accessor is using sale-based values to determine SEV’s, all previous assessments should be reviewed and re-accessed. The accessor did show an ECF study, using high end current sales, not averaged over time SEV examples. Thus, chasing sales for the new SEV. | feel that the accessors actions and the handling of this process is a form of harassment and bullying. Rather than follow the state guidelines and work to correct the errors, her comments and actions are degrading and not accurate to the law. When presenting to the tribunal, her reply was condescending and accusatorial. This is also apparent in her written responses. Questioning her appeared to make her angry. Rather than working with me to come to a fair conclusion, she dug her heels in and this has become about the win rather than doing the right thing. What makes me question this more is when | received the first correspondence from her pertaining to the first tribunal action it was sent to my correct address in Burtchville Township. When | received my second correspondence from her, pertaining to this tribunal, it was sent to my old address with a different city then the old address. The time sensitive document finally made it to me, but caused delays to prepare for this meeting. This is causing me to question the integrity of the accessor. What | am requesting: e The 2024 taxable SEV value to be uncapped at the state equalized value of $342,000. e Then subtracted the difference in land usage value related to lake frontage. The lake
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PETITIONER: Judy L. Gentner MTT DOCKET NO: 24-003589 e My property should be accessed at the same SEV land usage value as the comparative house next door. My land usage value should be $3,706.00 at 44 linear feet which equals $163,064. Not $211,486. The uncapped SEV is $684,000/5342,000 minus the errored linear feet land value at $163,064/581,532 Bottom Line: Uncapped SEV Corrected Land Usage Value What the Actual New SEV Should Be $684,000/5342.000 - $163,064/581,532 =5520,936/5260,468 When the 2024 tribunal ruling is corrected, the 2025 tribunal ruling will automatically be corrected.
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PETITIONER: Judy L. Gentner Real Estate Summary Sheet MTT DOCKET NO: ***information herein deemed reliable but not guaranteed*** 24:003589 03/11/2024 7:39 AM Parcel: 11-470-0031-000 Current Class: 401.RESIDENTIAL-IMPROVED Previous Class: 401.RESIDENTIAL-IMPROVED Owner's Name: GENTNER, JUDY LYNNE Taxable Status ~~ TAXABLE Property Address: 6486 LAKESHORE RD LAKEPORT, MI 48059-2557 Prev. Taxable Stat TAXABLE Gov, Unit: 11 BURTCHVILLE TOWNSHIP Liber/Page: 5676/332 Created: / / MAP # 4718 it: // iver i School: 74010 PORT HURON AREA SCHOOL DIST Split Active: Active Neighborhood: 4470 470 LAKELAND BEACH PLAT Public Imor.: Paved Road, Water, Electric, Gas Topography: Rolling, Waterfront Mailing Address: Description: GENTNER, JUDY LYNNE S$1/2 OF LOT 26 EXC S 6' LAKELAND BEACH PLAT QC 1259/524 56373 NICKELBY SOUTH UTICA MI 48316 Most Recent Sale Information Sold on 11/30/2023 for 750,000 by TAYLOR CLYDE/SANDRA TRUST. Terms of Sale: 03-ARM'S LENGTH Liber/Page: 5676/332 Most Recent Permit Information Permit 2089 on 12/18/2000 for $115,000 category Building. Physical Property Characteristics 2024 S.E.V.: 379,500 2024 Taxable: 379,500 Lot Dimensions: 2023 S.E.V.: 342,000 2023 Taxable: 222,159 Acreage: 0.31 Zoning: "RIA (*) Land Value: 211,468 Frontage: 44.0 PRE: 100.000 Land Impr. Value: 11,702 Average Depth: 309.0 Improvement Data # of Residential Buildings: 1 Year Built: 2001 Occupancy: Single Family Class: BC Style: 2 STORY Exterior: Brick % Good (Physical): 77 Heating System: Forced Hot Water Electric - Amps Service: 0 # of Bedrooms: 3 Full Baths: 2 Half Baths: 1 Floor Area: 2,646 Ground Area: 1,492 Garage Area: 484 Basement Area: 1,492 Basement Walls: Estimated TCV: 535,732 Image
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PETITIONER: Judy L. Gentner MTT DOCKET NO: 24-003589 Real Estate Summary Sheet *** information herein deemed reliable but not guaranteed*** 03/11/2024 7:41 AM : 470-0033-000 - Current Class: 401 RESIDENTIAL- IMPROVED Parcel: 11-470-0033-000 Previous Class: 401.RESIDENTIAL-IMPROVED Owner's Name: AOUN, RANA Taxable Status TAXABLE Property Address: ey ety bei Prev. Taxable Stat TAXABLE ! Gov. Unit: 11 BURTCHVILLE TOWNSHIP Liber/Page: 5532/443 Created: / / MAP # 473 . // var i School: 74010 PORT HURON AREA SCHOOL DIST Splle Active: Active Neighborhood: 4470 470 LAKELAND BEACH PLAT Public Imopr.: Paved Road, Water, Electric. Gas Topography: Rolling, Waterfront Mailing Address: Description: AOUN, RANA N1/2 OF LOT 27 &S 1/2 OF LOT 28 LAKELAND BEACH PLAT 6117 ARGYLE ST DEARBORN MI 48126 Most Recent Sale Information Sold on 06/01/2022 for 695,000 by BUSCH JOHN H ESTATE. Terms of Sale: 03-ARM'S LENGTH Liber/Page: 5532/443 Most Recent Permit Information Permit B03019 on 03/27/2003 for $27,000 category Building. Physical Property Characteristics 2024 S.EV.: 368,800 2024 Taxable: 346,920 Lot Dimensions: 2023 S.E.V.: 330,400 2023 Taxable: 330,400 Acreage: 0.70 Zoning: © RIB (*) © Land Value: 370,650 Frontage: 100.0 PRE: 0.000 Land Impr. Value: 9,330 Average Depth: 305.0 Improvement Data # of Residential Buildings: 1 Year Built: 1950 Occupancy: Single Family Class: C+10 Style: 11/4 STORY Exterior: Vinyl % Good (Physical): 68 Heating System: Forced Heat & Cool Electric - Amps Service: 0 # of Bedrooms: 3 Full Baths: 2 Half Baths: 0 Floor Area: 2,700 Ground Area: 1,536 Garage Area: 780 Basement Area: 1,536 Basement Walls: Estimated TCV: 357,604 Image
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PETITIONER: Judy L. Gentner MTT DOCKET NO: 24-003589 STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR Judy L Gentner MICHIGAN TAX TRIBUNAL Petitioner(s) v MTT Docket No, 24-003589 Township of Burtchville, MI Respondent(s) PROOF OF SERVICE Judy L Gentner states that on April 29, 2025 he/she [Name of person serving/mailing petition] [date of service] served a copy of the evidence & research relative to the above-captioned matter upon: [Provide name and address of the party/people being served] Township of Burtchville Burtchville Township 4000 Burtch Road Burtchville, MI 48059 hy of Ge who is serving/mailing copy] Judy L Gentner
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Judy Gentner 6436 Lakeslfore Rd. Burtchville, MI 48059 1 HE 7022 2410 0001 L352 3123 4 7 %p? 4, Michigan Tax Tribunal 4 » &, P.O. Box 30232 / ”) 7» Lansing, MI 48909 Retail = UNITED STATES. POSTAL SERVICES. RDC 99 48809 _