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24-003581.pdf

Stephen C Zimmerman, Petitioner V Township Of Holmes, Respondent · 24-003581-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 

Stephen C Zimmerman, 

MICHIGAN TAX TRIBUNAL 

 

Petitioner, 

SMALL CLAIMS DIVISION 

 

v 

 

MTT Docket No. 24-003581 

 

Holmes Township, 

 

Case Type: Taxable Value 

Respondent. 

 

 

 

PROPOSED OPINION AND JUDGMENT 

 

Personnel Presiding: 

 

 

Erissa J. Glekler, Administrative Law Judge 

Location of Hearing: 

 

 

Telephonic 

Hearing Held on: 

 

 

 

August 21, 2025 

Appearances on Behalf of Petitioner: 

Stephen C Zimmerman 

Appearances on Behalf of Respondent: Brent Desjarlais 

 

PROPOSED JUDGMENT 

 

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

 

 

Parcel Number: 55-006-004-008-00 

Year

TV

2024

$76,000

2025

$78,356

 

PROCEDURAL HISTORY 

 

Petitioner protested the property’s TV to the 2024 March Board of Review (BOR). 

 

Petitioner filed a petition with the Tribunal on June 3, 2024; Respondent filed an answer 

to the petition on October 27, 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 TV 

for subsequent tax years is included in this proceeding.2 

 

ISSUES AND APPLICABLE LAW 

 

The issue in this matter is whether the property’s 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. 24-003581 

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Pursuant to MCL 211.27a, 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 new construction 

and omitted property (i.e., property not previously assessed).3 

 

SUMMARY OF EVIDENCE 

 

A. Petitioner’s Evidence 

 

Petitioner’s contentions of TV: 

 

Parcel Number: 55-006-004-008-00 

Year

TV

2024

$41,963

2025*

*Petitioner did not provide value contentions for the 2025 tax year. 

 

The exhibits offered by Petitioner may be viewed on lines 1 and 13 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 Respondent improperly uncapped the subject property’s TV for the 2024 tax year. 

After purchasing the property in 2023, Petitioner notified Respondent’s assessor that 

the assessment improperly included value for building improvements and needed to be 

corrected to reflect the value of the land only. Petitioner believes that Respondent and 

the BOR incorrectly calculated the property’s TV after the assessment was corrected. 

Petitioner obtained Respondent’s historic record of assessed value (AV) and TV for the 

property to calculate what the TV should be. Because the historic record does not 

allocate TV to land, Petitioner had to calculate TV based on a proration of the AV of the 

land to the total AV. Petitioner completed the calculation with data from 2020 and then 

used the inflation rate multiplier to increase what the TV should be for 2024.5 

 

B. Respondent’s Evidence 

 

The property’s TV, as confirmed by the BOR: 

 

 

 

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. 

5 The 2020 AV of the land was $54,500, which is 28% (.2844467) of the total AV of $191,600, so 

Petitioner applied that factor to the 2020 TV of $127,746 to get to the indicated starting point of $36,337 

for their TV calculation. Petitioner thereafter applied the inflation rate multiplier for the 2021, 2022, 2023, 

and 2024 tax years to arrive at their contended TV of $41,963.

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MTT Docket No. 24-003581 

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Parcel Number: 55-006-004-008-00 

Year

TV

2024

$76,000

2025

$78,356

 

The exhibits offered by Respondent may be viewed on lines 6-12 of the docket 

maintained in this case.6 

 

No exhibits were excluded from evidence. 

 

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

that the subject property’s TV was not uncapped as Petitioner contends; it was 

calculated after removing the buildings that were erroneously included in the 

assessment. This fact was not noticed by the previous owner or assessors, as all 

parcels and improvements involved were adjacent and under the same ownership. 

However, once the assessor was made aware of this along with the property sale and a 

land division as part of it, he took immediate action. 

 

As shown in the record cards, the structures and their associated values were removed 

from the subject property and moved to the correct parcel, Parcel No. 006-004-002-00. 

After land analysis, this led to the AV, state equalized value (SEV), and TV of the 

property being $76,000. The TV is the same as the SEV not because of an uncapping, 

but because the property’s capped TV was $85,152. The property is not subject to 

uncapping because Petitioner filed Form 3676 (Affidavit Attesting Qualified Agricultural 

Property Shall Remain Qualified Agricultural Property). The capped TV is what the TV 

would have been, but since TV cannot exceed the SEV, it was limited to $76,000. 

 

FINDINGS OF FACT 

 

The following facts were proven by a preponderance of the evidence: 

 

1. The subject property is located on N. 11995 P-1 Road in Menominee County. 

2. The subject property is classified as agricultural. 

3. Petitioner purchased the subject property in 2023 and thereafter filed Form 3676 

(Affidavit Attesting Qualified Agricultural Property Shall Remain Qualified 

Agricultural Property) with Respondent’s assessor. 

4. The subject property’s “capped” TV for the 2024 tax year is $144,853.7 

5. The subject property’s assessment erroneously included value attributed to 

buildings that are located on a different parcel of real property; removal of those 

buildings from the subject’s 2024 assessment results in a corrected SEV of 

$76,000 for that year. 

 

 

 

6 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. 

7 2023 TV of $140,498 x 1.031 = $144,853. See MCL 211.27a(2)(a).

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MTT Docket No. 24-003581 

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CONCLUSIONS OF LAW 

 

TV is determined pursuant to MCL 211.27a, and except for additions and losses, annual 

increases are generally limited to 5% or the rate of inflation, whichever is less.8 In that 

regard, MCL 211.27a(2) states that TV is the lesser of (1) “the property's [TV] in the 

immediately preceding year minus any losses, multiplied by the lesser of 1.05 or the 

inflation rate, plus all additions,”9 or (2) “the property's current [SEV].”10 This limit on 

increases is generally referred to as a “cap” on TV. In the year following a transfer of 

ownership, as defined in the statute, the TV is set equal to the SEV pursuant to MCL 

211.27a(3), i.e., uncapped. The Michigan Supreme Court has held that “the provisions 

establishing taxable values in MCL 211.27a(2) and MCL 211.27a(3) are both mandatory 

and automatic. Both subsections unambiguously provide that the [TV] for a property 

falling under each respective subsection ‘is’ the value that results from the parameters 

contained in the applicable subsection.”11 

 

There is no dispute in this case that Petitioner’s purchase of the property does not 

constitute a “transfer of ownership” for the purpose of MCL 211.27a(3) or the 

“uncapping” of TV pursuant to MCL 211.27a(7)(o), and the property’s 2024 TV must 

therefore be calculated pursuant to the mathematical formula set forth in MCL 

211.27a(2). Petitioner’s TV calculations do not comport with this mandatory, statutory 

formula, and they therefore have no applicability or relevance for purposes of 

determining the property’s TV. 

 

Relative to Respondent’s calculations, the Tribunal notes that TV “losses” are defined 

by MCL 211.34d(1)(h). They include “property that has been destroyed or removed,”12 

“property that was subject to ad valorem taxation . . . in the immediately preceding year 

that is now exempt from ad valorem taxation,”13 and “a decrease in [TV] attributable to 

environmental contamination existing on the immediately preceding tax day.”14 None of 

these definitions apply in this case. The only section that arguably applies is MCL 

211.34d(1)(h)(i), but no property was destroyed or removed in this case. Instead, 

improvements associated with a different parcel of real property were erroneously 

included in the subject property’s assessment. This is a mere valuation issue, and the 

statute unfortunately does not provide for removal of that value from the subject’s TV 

calculation. 

 

As such, and inasmuch as the $144,853 TV indicated by MCL 211.27a(2)(a) for the 

2024 tax year exceeds the corrected SEV of $76,000 for that year, MCL 211.27a(2)(b) 

governs, and the subject property’s TV is properly set equal to the “lesser” SEV amount. 

There were no additions or losses for the 2025 tax year, and the 2025 TV is therefore 

 

8 MCL 211.27a(2). 

9 MCL 211.27a(2)(a). 

10 MCL 211.27a(2)(b). 

11 Michigan Properties, LLC v Meridian Twp, 491 Mich 518, 531; 817 NW2d 548, 554 (2012) (emphasis 

added). 

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

13 MCL 211.34d(1)(h)(ii). 

14 MCL 211.34d(1)(h)(iv).

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MTT Docket No. 24-003581 

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calculated as follows: 2024 TV of $76,000 x 2025 inflation rate multiplier of 1.031 = 

$78,356. 

 

JUDGMENT 

 

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

based on this decision. 

 

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: October 13, 2025

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MTT Docket No. 24-003581 

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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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