02._Property_Tax_Appeal_Petition_Form_Principal_Residence_Qualified_Agricultural_Exemption.fd062a93-15b8-4e9c-9e9c-250aecd160b7.pdf
Mary Rose Birch, Petitioner V Township Of Peaine, Respondent · 26-000228-TT
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR PROPERTY TAX APPEAL PETITION FORM PRINCIPAL RESIDENCE EXEMPTION / QUALIFIED AGRICULTURAL EXEMPTION MOAHR DOCKET NO. Pursuant to Michigan Tax Tribunal Rule (TTR) 277(3), you MUST submit a copy of the notice giving rise to the appeal (e.g. Notice of Denial or Board of Review Decision) with this Small Claims Petition, if applicable. If you do not submit this document, you may be placed in default. Section 1: Petitioner’s Contact Information Filer Type: Individual First Name Mary Rose M.I. Last Name/Company Name Birch Mailing Address (No., Street, P.O. Box or Rural Route) 31153 Camp 3 trl City or Town Beaver Island State Michigan ZIP Code 49782 Telephone Number 630-750-7870 Fax Number E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) maryrosebirch@strategopartners.com Section 2: Petitioner’s Attorney/Authorized Representative’s Contact Information First Name M.I. Last Name Firm Name (if any) Address (No., Street, P.O. Box or Rural Route) City or Town State Michigan ZIP Code Telephone Number Fax Number E-mail Address Section 3: Subject Property Information Parcel Identification Number: 15-012-129-005-50 How many parcels are you appealing? 1 If you are appealing more than one parcel, are they contiguous or adjoining? If yes, use the attached multiple parcel form for information regarding any contiguous parcels. If no, you must file separate appeals for each non- contiguous or non-adjoining parcels or you will be defaulted. Property Address (No., Street, City, ST, ZIP) (If multiple, list first property’s address) 31153 Camp 3 Trl 31061 camp 3 trl Beaver Island
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR Michigan 49782 Taxing Authority: Township Of Peaine (CHARLEVOIX) County: Charlevoix Classification of Property: Real Residential Section 4: Check which of the following you are appealing Principal Residence Exemption Section 5: Explain the Reason for this Appeal To: Michigan Tax Tribunal Re: Appeal of Principal Residence Exemption (PRE) Denial Property Location: 31153 camp 3 Trl Beaver Island, MI 49782 Parcel Numbers: 15-012-129-005-50 and 15-012-129-005-60 Dear Tribunal: Petitioners respectfully appeal the denial of the Principal Residence Exemption (PRE) on the adjoining parcel identified above. Petitioners are the owners and occupants of the property located at the address listed above, which serves as their principal residence. The property consists of two contiguous residential parcels that share a common boundary and are owned by the same household. Historically, the property existed as a single parcel and received a 100% Principal Residence Exemption. At the recommendation of a real estate professional, the parcel was administratively split into two parcels to allow the possibility of marketing one portion for sale. Petitioners ultimately decided not to sell the property, and the residential use of the property has remained unchanged. One parcel contains the primary residence. The adjoining parcel contains a small accessory cabin used exclusively by Petitioners and their family members in connection with the homestead property. The cabin is not rented, leased, or occupied by any separate household. Petitioners and their family occasionally use the cabin seasonally, including for family visits by grandchildren and in connection with maple syrup production on the property. These activities are part of the family’s use of the property as a single homestead. Under Michigan Compiled Laws §211.7dd, a principal residence includes: “all of an owner's unoccupied property classified as residential that is adjoining or contiguous to the dwelling.” The adjoining parcel satisfies each element of the statute: • The parcels are contiguous and share a boundary • Both parcels are under identical ownership • Both parcels are classified as residential property • The adjoining parcel is not occupied as a separate residence The presence of an accessory cabin on the adjoining parcel does not transform the parcel into a separately occupied residence. The cabin functions solely as an accessory structure used by Petitioners’ household and family members as part of the homestead. Guidance issued by the Michigan Department of Treasury clarifies that “unoccupied property” refers to property not occupied by tenants or a separate household. The statute does not require the property to be vacant or free of structures. The township previously recognized the property as a single homestead by granting a 100% Principal Residence Exemption when the parcels were combined. The subsequent administrative parcel split did not alter the ownership, occupancy, or residential use of the property and therefore should not eliminate eligibility for the exemption. The adjoining parcel continues to function as part of the residential curtilage of Petitioners’ homestead, and the property as a whole remains a single principal residence under Michigan law. For these reasons, Petitioners respectfully request that the Tribunal reverse the township’s denial and restore the Principal Residence Exemption to the adjoining parcel. Respectfully submitted, Laurence & Mary Rose Birch Section 6: Jurisdictional Issues List the year(s) denied: 2025 Indicate who denied the exemption under appeal: Local Unit If you checked “other” above, explain: List the date the Principal Residence Exemption or Qualified Agricultural Exemption was denied: 2/28/2026 Fee Information
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR A fee of $25.00 is required for the filing of this appeal unless you possess a Principal Residence Exemption of at least 50% at the time of the filing of this petition. Electronic Signature *Typing your name below will serve as your signature Petitioner or Attorney/Authorized Representative’s Signature: Mary Rose Birch /s/