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Petitioner's Response to Order of Default 24-003355.pdf

Dustin Cupp, Christina Cupp, Petitioners V Township Of Mendon, Respondent · 24-003355-TT

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Page 1

STATE OF MICHIGAN 

DEPARTMENT OF LICENSING & REGULATORY AFFAIRS 

MICHIGAN ADMINISTRATIVE HEARING SYSTEM 

MICHIGAN TAX TRIBUNAL 

SMALL CLAIMS DIVISION 

______________________ 

 

DUSTIN and CHRISTINA CUPP, 

 

 

Petitioners, 

 

v 

 

MENDON TOWNSHIP, 

 

 

Respondent. 

MOAHR Docket No. 24-003355 

 

Parcel Nos. 75-010-016-012-00 & 

 75-010-016-013-00 

______________________________________________________________________________ 

 

Thomas K. Dillon (P81136) 

FOSTER SWIFT COLLINS & SMITH, P.C. 

Attorneys for Petitioners 

1700 East Beltline Avenue NE, Suite 200 

Grand Rapids, MI 49525 

(616) 726-2258 

tdillon@fosterswift.com 

 

Dale Hutson 

Representative for Respondent 

60450 Farrand Road 

Colon, MI 49040 

(269) 432-2834 

dalehutson@chartermi.net 

______________________________________________________________________________ 

 

PETITIONERS’ RESPONSE TO ORDER OF DEFAULT 

 

Petitioners Dustin and Christina Cupp, by and through their attorneys, Foster Swift Collins 

& Smith, P.C., for their Response to the Tribunal’s September 22, 2025 Order of Default, state as 

follows: 

1. 

This case involves Petitioners’ appeal of Respondent’s uncapping of taxable value 

for Property Parcel Nos. 75-010-016-012-00 and 75-010-016-013-00 (the “Subject Property”). 

2. 

Petitioners appealed the 2025 taxable value uncapping to Respondent’s 2025 March 

Board of Review.

Page 2

3. 

The 2025 March Board of Review denials were included in the attachments filed 

with the Petition filed in MTT Docket No. 25-002958. 

4. 

Respondent’s 2025 March Board of Review denials are attached hereto as 

Attachment 1. 

 

WHEREFORE, Petitioners respectfully request that this Tribunal issue an Order curing the 

default. 

 

 

 

 

 

 

Respectfully Submitted, 

 

 

 

 

 

FOSTER SWIFT COLLINS & SMITH, PC 

 

 

 

 

 

Attorneys for Petitioners 

 

 

 

 

 

 

 

 

 

 

Dated: October 6, 2025 

 

By: 

______________________________________ 

 

 

 

 

 

 

Thomas K. Dillon (P81136) 

 

 

 

 

 

 

1700 E. Beltline Ave. NE, Suite 200 

 

 

 

 

 

 

Grand Rapids, MI 49525 

 

 

 

 

 

 

(616) 726-2258 

 

89494:00001:202014418-1

Page 3

ATTACHMENT 1

Page 4

Michigan Department of Treasury 

Form 818. Page 2 

FOR BOARD OF REVIEW USE ONLY 

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

Parcel Code 

Petition Number 

010016 013 00 

1. ASSESSED VALUE 

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

Denied 

[[] 

Assessed Value Changed From: 

9,200 

10: 

Record of Vote - Board or three member committee of board 

Chairperson: 

YES 

NO 

Member: 

YES 

NO 

Member: 

YES 

a. 

p 

O 

Od 

O 

Od 

mber: 

[J 

On 

Initials 

— 

Reason for Board Action 

[J value assessed accurately. 

OJ 

value adjusted to 50% of Market. 

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 

PO Box 30232, Lansing Mi 48908. 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 

9,200 

To 

XM 

Denied 

| 

Tentative Taxable Value Changed From 

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

R 

Co 

v2 

A 

bl 

Chiakperson: fi vEs 

[J NO 

Member: 

Yes 

[] 

NO ey 

Member: 

§J ves 

[R nok 

Reason 

for 

Board 

Action 

. 

RERERARE 

[J Value adjusted for: 

[7] value determined to be accurate. 

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

P.O 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. Agncultural 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/taxtib 

3. CLASSIFICATION 

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

O 

Denied 

O 

Classification Changed From: 

102 

To: 

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

Chairperson: 

[] Yes 

[1] NO—mms- 

Member: 

[J ves 

[J 

No me 

Member 

[J ves 

[J nome 

Reason for Board Action 

If you disagroo 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. 

[J 

Exemption Request Denied 

[J 

Exemption percent modified from 

Record of Vote - Board or three member committee of board 

i 

i 

Ni 

Member: 

YES 

4 

Chairperson: 

[J] ves 

[J 

No — 

ber: 

[J 

OJ 

no 

_— 

Member: 

[] ves 

[J NO] 

Reason for Board Action. 

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

P.O. Box 30232 Lansing. Mi 

48909 by July 31 

The petition must be filed on a Michigan Tax Tribunal form or a form approved by the Michigan Tax Tribunal Michigan Tex Tribunal forms are available at www michigan. govitaxtrib. 

% To: 

% 

5. Adjournment 

Date of Final adjournment of Board of Review 

Board of Rt 

y 

Sjanatur 

Oa, 

5 

se 

=v al 

3 )uf2ei 

5 

N 

-

Page 5

Michigan Department of Treasury 

Form 618. Page 2 

FOR BOARD OF REVIEW USE ONLY 

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

Parcel Code 

010 016 012 00 

Petition Number 

1. ASSESSED VALUE 

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

Denied 

O 

Assessed Value Changed From: 

Record of Vote 

- Board or three member committee of board 

Chairperson: [JYes 

[J no —__ 

Member 

[J YES 

[JNO —__ 

Member 

[Jves 

[J Noe 

Initials 

Reason for Board Action 

[J value assessed accurately. 

[J value adjusted to 50% of Market. 

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.O Box 30232. Lansing. Mi. 48809 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 

F 2. TENTATIVE TAXABLE VALUE 

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

A 

Denied 

Fs 

Tentative Taxable Value Changed From: 

9,200 

To 

Record of Vote - Board or three member comr Fe of board. 

) 

— 

a ’ 

“2 

Cd 

C27 

g 

[J 

no 

Member: 

BJ 

ves 

[J] 

no — 

Member 

[X] ves 

F&F voli 

Chairperson: HX] ves 

fal 

Reason for Board Action: 

0 Value adjusted for: 

[T] value determined to be accurate. 

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 

PO 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 

oenies 

[OJ 

ciassification Changed From 

102 

To: 

Record of Vote 

- Board or three member committee of board 

Chairperson. 

[] Yes 

[J NO—mmms- 

Member. 

[1 YES 

[J 

NO mms 

Member: 

O 

ves 

[J noms 

Reason for Board Action: 

!t you disagree with the decision of the Aoard of Review regarding classification appeal is made by sending Form 2167 to the State Tax Commission. P.O Box 30471. 

Lansing. Mi_ 48908 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 

O 

Exemption Request Denied 

O 

Exemption percent modified from 

% To: 

% 

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

Chairperson: 

[] yes 

[J 

No 

Member: 

[J ves 

[J no 

Initials. 

Reason for Board Action 

Member: 

[J] ves 

[J] NO—— 

Initials 

Initials 

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

P.O. Box 30232, Lansing. Mi 

48908 by July 31 The petition must be filed on a Michigan Tax Tribunal form or a form approved by the Mich.gan Tax Tribunal Michigan Tax Tribunal forms are available at www michigan govitaxtrib 

5. Adjournment 

Date cf Final adjournment of Board of Review 

ET 

Date 3 / 1202 — 

Vv 

ur

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