Aaron Shields, Petitioner V Township Of Chesterfield, Respondent
- Petitioner
- Aaron Shields
- Respondent
- Township Of Chesterfield
Case overview
- Docket number
- 24-003981-TT
- Status
- Disposed
- CaseType
- SC Property
- Division
- Small Claims Division
- County
- Macomb
- Judge
- Grinnell, Jason C.
Docket history
| Line # | Subject | Filer | Line Ref | Enter Date/Post Mark | Fee | Related Item |
|---|---|---|---|---|---|---|
| 12 | Final Opinion and Judgment | Not recorded | Not recorded | 01/30/2026 | Not recorded | Download |
| 11 | Hearing Completed | Not recorded | Not recorded | 12/02/2025 | Not recorded | Not recorded |
| 10 | Evidence was received. | RESP | Not recorded | 11/10/2025 | Not recorded | Download |
| 9 | Documentation | PET | Not recorded | 11/12/2025 | Not recorded | Download |
| 8 | Documentation | PET | Not recorded | 11/11/2025 | Not recorded | Download |
| 7 | Notice of Hearing | Not recorded | Not recorded | 09/19/2025 | Not recorded | Download |
| 6 | A hearing has been scheduled | Not recorded | Not recorded | 09/19/2025 | Not recorded | Not recorded |
| 5 | Answer was received | RESP | Not recorded | 11/07/2024 | Not recorded | Download |
| 4 | Notice of Filing | Not recorded | Not recorded | 12/12/2024 | Not recorded | Download |
| 3 | Petition has been verified | PET | 1 | 11/07/2024 | Not recorded | Download |
| 2 | Notice of Docket Number SC | Not recorded | Not recorded | 11/07/2024 | Not recorded | Download |
| 1 | A petition was received. | PET | Not recorded | 10/23/2024 | $100.00 | Download |
Documents
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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 Aaron Shields, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION MTT Docket No. 24-003981 v Case Type: Special Assessment Chesterfield Township, Presiding Judge Respondent. Jason C. Grinnell FINAL OPINION AND JUDGMENT Location of Hearing: Telephonic Hearing Held on: December 2, 2025 Appearances on Behalf of Petitioner: Aaron Shields and Nicole Shields Appearances on Behalf of Respondent: Joel Nickels, appraiser SUMMARY OF JUDGMENT The special assessment at issue shall be as follows: Parcel Number: 15-09-27-279-002 Type of Special Assessment Total Amount to be Levied Paving of Salt River Drive $7,657.15, payable in installments of $765.72 per year for 10 years PROCEDURAL HISTORY Petitioner protested the special assessment at the hearing held to confirm the special assessment roll. A hearing was held and the special assessment was confirmed on September 24, 2024. Petitioner filed a petition with the Tribunal on October 23, 2024, and Respondent filed its answer on November 7, 2024. ISSUES AND APPLICABLE LAW The issue in this matter is: Whether the benefit from the special assessment is proportional to the cost of the improvement.
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MTT Docket No. 24-003981 Page 2 of 8 The Michigan Supreme Court has held: A special assessment is a levy upon property within a specified district. Although it resembles a tax, a special assessment is not a tax. In contrast to a tax, a special assessment is imposed to defray the costs of specific local improvements, rather than to raise revenue for general governmental purposes . . . . In other words, a special assessment can be seen as remunerative; it is a specific levy designed to recover the costs of improvements that confer local and peculiar benefits upon property within a defined area.1 Special assessments “are permissible only when the improvements result in an increase in the value of the land specially assessed,”2 and to be valid “‘there must be some proportionality between the amount of the special assessment and the benefits derived therefrom.’”3 The Court of Appeals has held that “[t]he essential question is not whether there was any change in market value, but rather whether the market value of the assessed property was increased as a result of the improvement.”4 Further, Common sense dictates that in order to determine whether the market value of an assessed property has been increased as a result of an improvement, the relevant comparison is not between the market value of the assessed property after the improvement and the market value of the assessed property before the improvement, but rather it is between the market value of the assessed property with the improvement and the market value of the assessed property without the improvement.5 It is well settled, however, that municipal decisions regarding special assessments are presumed valid and should generally be upheld.6 When reviewing the validity of special assessments, it is not the task of courts to determine whether there is ‘a rigid dollar-for-dollar balance between the amount of the special assessment and the amount of the benefit . . . .’ Rather, a special assessment will be declared invalid only when the party challenging the assessment demonstrates that ‘there is a substantial or unreasonable disproportionality between the amount assessed and the value which accrues to the land as a result of the improvements.’7 1Kadzban v Grandville, 442 Mich 495, 500; 502 NW2d 299 (1993) (citations omitted). 2 Id. at 501. 3 Id. at 501-502. 4 Ahearn v Bloomfield Charter Twp, 235 Mich App 486, 496; 597 NW2d 858, 863 (1999). 5 Id. 6 Id. at 502 7 Id.
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MTT Docket No. 24-003981 Page 3 of 8 “[T]he question whether and how much the value of land has increased as the result of certain improvements is factual, to be determined on the basis of evidence presented by the parties. As such, it is to be resolved by the trier of fact . . . .”8 Pursuant to R 792.10133, after hearing, the Tribunal must issue a final decision in writing. Additionally, “[a] written final decision shall include separate sections entitled “findings of fact” and “conclusions of law.’” Findings of fact “shall include a concise statement of the underlying supporting facts” that are “based exclusively on the evidence.”9 Consequently, the Tribunal has not addressed every piece of evidence or every inference that might lead to a conflicting conclusion and has rejected evidence contrary to its findings. Furthermore, “[e]ach conclusion of law shall be supported by authority or reasoned opinion.”10 Accordingly, the Tribunal will outline the summary of evidence, findings of facts, and conclusions of law, before ultimately rendering judgment. SUMMARY OF EVIDENCE A. Petitioner’s Evidence Petitioner contends that the special assessment is invalid and should be reduced as follows: Type of Special Assessment Petitioner’s Contention Paving of Salt River Drive $0 The exhibits offered by Petitioner may be viewed on lines 8 and 9 of the docket maintained in this case.11 No exhibits were excluded from evidence. Based on the pleadings, admitted exhibits, and sworn testimony, Petitioner contends that the special assessment does not confer a special benefit to their property. At hearing, Aaron and Nicole Shields (collectively the “Shields”), provided sworn testimony concerning the special assessment. The Shields contend that the special assessment for paving does not confer a special benefit or increase in value to their property.
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M
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TOWNSHIP : CIE —— EST. 1842 — mL) p NOV 1 8 2025 Assessing Department ’ 47275 Sugarbush Road | (586) 949-0400, ext. 2232 MICHIGAN TAX TRIBUNAL November 7, 2025 Michigan Tax Tribunal P O Box 30232 Lansing, MI 48909 RE: MTT Docket #24-003981 Honorable Tax Tribunal, First and foremost, the amount of the special assessment on the subject property has been reduced from $10,495.08 down to $7,657.15. This reduction is a result of the total final costs being lowered from $286,381.11 down to $208,925.33 for the entire district. The issue in this appeal is whether the cost of the paving of Salt River Dr. exceeds the benefit, defined as an increase in value to the property, by a disproportionate amount. The Michigan Supreme Court in Dixon Rd. Group v. City of Novi has held that a cost which exceeds the benefit of 2.6 times the value increase was invalid. The MSC goes on to further state, “while decisions made by municipalities with respect to special assessments generally should be upheld, this Court will intervene where there is a substantial or unreasonable disproportionality between the amount assessed and the value which accrues to the land as a result of the improvements.”
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In Justice Boyle's concurring opinion, quoting Frischkorn Investment Co. v. Detroit (1932) he states “Where there has been no showing of fraud, mistake, discrimination or a clear absence of benefits claimed, Courts should hesitate to interfere with a legislative determination of the existence or value of the benefit. Such decisions are best made by the legislative bodies charged with levying the assessments.” Also, due to the status of Salt River Dr as a private road the property owners would be responsible for the entire cost of the repaving. Neither the Macomb County Road Commission nor the Township of Chesterfield would be contributing to the cost of the improvement. Respectfully submitted, To mAL Joel M. Nickels — MAACO Property Appraiser
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9/12/2025 Chesterfield Townhip Assessing Department 2025 Salt River Dr. Paving PAVING AND DRAIN IMPROVEMENTS Front Foot Method Final S.A.D. # P163A Construction Cost Estimate $208,925.33 Zoning R1-A Homesites 37.00 Total Frontage (AFF Feet) 2899.03 Ave. Homesite Frontage (Feet) 78.35 Number of Units 37.00 * Font Foot Benefit 72.07 Signed Parcel No. Name & Address Zone Frontage Assessment In Favor 09-27-277-001 Howard D. Harry R1-A 52.56 $ 3,787.86 52.56 48735 Salt River Dr. Chesterfield, MI 48047 09-27-277-002 Eric D. & Ashley Tatro R1-A 52.56 $ 3,787.86 52.56 48741 Salt River Dr. Chesterfield, MI 48047 09-27-277-003 Michael C. Forrester R1-A 52.40 $ 3,776.33 52.4 48747 Salt River Dr. Chesterfield, MI 48047 09-27-277-004 Andrew Kerbrat R1-A 52.70 $ 3,797.95 52.7 48753 Salt River Dr. Chesterfield, MI 48047 09-27-277-005 Frank & Barbara Hubbard-Life E R1-A 78.90 $ 5,686.11 48759 Salt River Dr Chesterfield, MI 48047 09-27-277-006 WIELINGA, DAVID & AIMEE R1-A 88.60 $ 6,385.16 48771 Salt River Dr. m/a 35431 27 MILE ROAD LENOX, MI 48048 09-27-277-007 Ryan & Catherine Kelley R1-A 60.00 $ 4,324.04 60 48779 Salt River Dr. m/a48778 Salt River Dr. Chesterfield, MI 48047 09-27-277-008 Daniel Mazur Jr. R1-A 80.00 $ 5,765.39 80 48787 Salt River Dr. Chesterfield, MI 48047 09-27-277-009 Thomas & Amy Alyssa Bunch R1-A 91.60 $ 6,601.37 91.6 48795 Salt River Dr. Chesterfield, MI 48047
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12 09-27-277-014 Lardon Holdings, LLC Salt River Dr. m/a 48818 Sait River Dr. Chesterfield, MI 48047 19.90 1,434.14 19.9 13 09-27-277-015 Lawrence 3. & Ruth A. Mavis Salt River Dr. m/a 33562 MELDRUM CHESTERFIELD, MI 48047 R1-A 19.90 1,434.14 14 09-27-277-016 John E. Sudderth 48833 Salt River Dr. mfa 33110 Silverieaf Ct. Chesterfield, MI 48047 R1-A 50.00 3,603.37 15 09-27-277-017 Joan Fiore 48837 Sait River Dr. m/a 2411 Vinewood St. Detroit, MI 48216 Ri-A 25.00 1,801.68 16 09-27-277-018 Joseph L. Janis 48841 Salt River Dr. m/a 48855 Salt River Dr. Chesterfield, MI 48047 30.00 2,162.02 30 17 09-27-277-019 Joseph L. Janis 48843 Salt River Dr. m/a 48855 Salt River Dr. Chesterfield, MI 48047 25.00 1,801.68 25 18 09-27-277-020 Joseph L. Janis 48855 Salt River Dr. Chesterfield, MI 48047 R1-A 100.00 7,206.73 100 19 09-27-277-021 Harbor Man, LLC 48859 Salt River Dr. m/a 44783 Morley Dr. Clinton Twp., MI 48036-1357 R1-A 25.00 1,801.68 20 09-27-277-041 Harbor Man, LLC 48865 Salt River Dr, m/fa44783 Morley Dr. Clinton Twp., MI 48036-1357 R1-A 95.00 6,846.40 21 09-27-277-042 Salt Man, LLC 48879 Salt River Dr. m/fa 44783 Morley Dr. Clinton Twp., ML 48036-1357 Ri-A 105.00 7,567.07 22 09-27-277-043 Sait Man, LLC 48885 Salt River Dr. mfa44783 Morley Dr. Clinton Twp., MI 48036-1357 80.05 5,768.99 23 09-27-277-046 Melvin L. Mathias-Trust 48875 Salt River Dr. R1-A 50.00 3,603.37 50
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26 09-27-278-005 Laurie & Nicholas Domin R1-A 115.98 $ 8,358.37 115.98 48850 Salt River Dr. Chesterfield, MI 48047 27 09-27-278-018 George & Salina Mavis R1-A 70.70 $ 5,095.16 70.7 48832 Salt River Dr. Chesterfield, MI 48047 28 09-27-278-019 Jamie L. Hugo & R1-A 50.00 $ 3,603.37 50 Larry & Donna Szlachta 48824 Salt River Dr. Chesterfield, MI 48047 29 09-27-278-020 Lawrence & Donna Szlachta R1-A 100.00 $ 7,206.73 100 48818 Salt River Dr. Chesterfield, MI 48047 30 09-27-278-021 Michael T. Ohlert R1-A 100.00 $ 7,206.73 100 48800 Salt River Dr. : Chesterfield, MI 48047 31 09-27-278-022 Patrick & Jeannie Dolan R1-A 100.00 $ 7,206.73 100 48790 Salt River Dr. Chesterfield, MI 48047 32 09-27-278-023 Ryan & Catherine Kelley R1-A 114.30 $ 8,237.29 114.3 48778 Salt River Dr. Chesterfield, MI 48047 33 09-27-278-024 Ralph Jr. & Christina Daley R1-A 114.32 $ 8,238.74 114.32 48762 Salt River Dr. Chesterfield, MI 48047 Nicole & Aaron Shields R1-A 106.25
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To: Michigan Tax Tribunal P.O. Box 30232 Lansing, MI 48909 From: Aaron and Nicole Shields 48884 Salt River Drive Chesterfield, Michigan, 48047 shieldsjaaron@gmail.com / nmadamic@gmail.com (586) 381 – 0752 / (586) 556 – 5215 Date: November 10, 2025 Re: Appeal of Special Assessment – 48884 Salt River Drive Dear Members of the Michigan Tax Tribunal, I am writing to formally appeal the special assessment imposed on my property located at 48884 Salt River Drive in Chesterfield Township. Document A attached shows the total amount of this special assessment is $7,689.05. This is payable upfront by 11/01/2025, or over 10 years with a 5% interest rate. I respectfully request that this assessment be reviewed and reconsidered, as I believe it fails to provide a sufficient "special benefit" to my property, as required under MCL 41.721–41.738 governing special assessments. Under Michigan law, a special assessment must be reasonably proportional to the increase in market value or benefit conferred to the property. In this case, that proportionality standard has not been met. 1. Lack of a Sufficient Special Benefit to My Property Our road was already paved prior to the repavement project, albeit with some potholes typical of Michigan roads. It was entirely passable and safe to drive on (See Photos 1 and 2). Despite my wife’s and my objections, the repaving project proceeded due to a majority petition, though I fail to see how this improvement provides a benefit commensurate with the $7,689.05 assessment. I formally protested the special assessment in person at the hearing held on September 24, 2024, to confirm the special assessment roll. Since the road was already paved and functional, repavement has not provided any meaningful improvement that would increase the market value of my property. I have found no measurable evidence that the repaving has increased my home’s market value or utility in any way. Any alleged benefit, if present, is minimal at best and does not justify such a high financial burden.
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Photo 2 Photo 1 Photo 1 48896 Salt River Drive J 554 Sait River Drive
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2. Misrepresentation of Road Status and Improper Signage When I purchased the property in 2021, the Salt River Drive street signs were green, which according to Chesterfield Township’s own website, denotes a public road maintained by Macomb County Department of Roads. Please refer to Document B attached. Two of the roads that intersect with Salt River Drive did indeed have blue street signs indicating a private road, but the signs for Salt River Drive were green at each of these crossroads. In fact, per attached Document C, the appraiser at the time of our purchase recorded our property as being on a public road made of asphalt. The appraiser also noted that the utilities and off-site improvements were typical for the market area, hence, not affecting the evaluation. It was only during the discussions surrounding this project that I learned we live on a private road. I raised this concern with the Chesterfield Township Engineer, who stated that only the portion of Salt River Drive from Jefferson Avenue to Lakeview Drive is a public road, and that the remainder of Salt River Drive from Lakeview Drive to Point Lakeview Drive did not meet the MCDR standards for a public road and was therefore considered private. Shortly thereafter, the Salt River Drive street signs were replaced with blue signs, indicating a private road. I later received a letter from a neighbor explaining that another resident on our street had personally paid for the sign replacement and would accept donations to cover the cost, which seems improper for an issue affecting the township. If the signage was incorrect, the responsibility for correcting it lies with the township, not a private resident. This indicates a lack of clarity from the township about road designations and confusion around road ownership, further complicating the justification of the special assessment. 3. Partial Repaving of the Road Limits Any Benefit The repaving project only covered the portion of the Salt River Drive starting just before my neighbor’s house and continuing down the road for 37 properties. However, the section of Salt River Drive beginning at Jefferson Avenue—which all vehicles must use to enter and exit the area—remains public and was not repaved, leaving it in notably worse condition than the newly paved segment. Currently, this area is in far worse condition than what the newly paved segment was prior to the repaving. As a result, anyone driving to my property will still have to traverse a public road that is uneven and with significant potholes, passing only one property’s length of repaved road before reaching my driveway (See Photos 3-9). Because the section of Salt River Drive that remains public is the primary access route to all homes— including mine—the practical and aesthetic benefit of the private road paving is effectively nullified. Given this, the limited scope of this project fails to provide any noticeable benefit to my property’s value. Prospective buyers would still have to drive over the deteriorating public portion of the road before reaching my driveway, which negates any supposed improvement from the private road project. The partial nature of this project only underscores the lack of meaningful enhancement to my property’s value.
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Photo 3. View of Salt River Drive (public portion of road) when entering from Jefferson Ave Photo 3. View of Salt River Drive (public portion of road) when entering from Jefferson Ave
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Photo 4. View of Salt River Drive (public portion of road) when approaching Jefferson Ave Photo 4. View of Salt River Drive (public portion of road) when approaching Jefferson Ave
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Photo 5. View of Salt River Drive (public portion of road) when approaching Jefferson Ave Photo 5. View of Salt River Drive (public portion of road) when approaching Jefferson Ave
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Photo 6. View of
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Photo
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To: Michigan Tax Tribunal P.O. Box 30232 Lansing, MI 48909 From: Aaron and Nicole Shields 48884 Salt River Drive Chesterfield, Michigan, 48047 shieldsjaaron@gmail.com / nmadamic@gmail.com (586) 381 – 0752 / (586) 556 – 5215 Date: November 10, 2025 Re: Appeal of Special Assessment – 48884 Salt River Drive Dear Members of the Michigan Tax Tribunal, I am writing to formally appeal the special assessment imposed on my property located at 48884 Salt River Drive in Chesterfield Township. Document A attached shows the total amount of this special assessment is $7,689.05. This is payable upfront by 11/01/2025, or over 10 years with a 5% interest rate. I respectfully request that this assessment be reviewed and reconsidered, as I believe it fails to provide a sufficient "special benefit" to my property, as required under MCL 41.721–41.738 governing special assessments. Under Michigan law, a special assessment must be reasonably proportional to the increase in market value or benefit conferred to the property. In this case, that proportionality standard has not been met. 1. Lack of a Sufficient Special Benefit to My Property Our road was already paved prior to the repavement project, albeit with some potholes typical of Michigan roads. It was entirely passable and safe to drive on (See Photos 1 and 2). Despite my wife’s and my objections, the repaving project proceeded due to a majority petition, though I fail to see how this improvement provides a benefit commensurate with the $7,689.05 assessment. I formally protested the special assessment in person at the hearing held on September 24, 2024, to confirm the special assessment roll. Since the road was already paved and functional, repavement has not provided any meaningful improvement that would increase the market value of my property. I have found no measurable evidence that the repaving has increased my home’s market value or utility in any way. Any alleged benefit, if present, is minimal at best and does not justify such a high financial burden.
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Photo 2 Photo 1 48884 Salt River Drive Photo 1 48896 Salt River Drive J 554 Sait River Drive
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2. Misrepresentation of Road Status and Improper Signage
When I purchased the property in 2021, the Salt River Drive street signs were green, which according to
Chesterfield Township’s own website, denotes a public road maintained by Macomb County Department
of Roads. Please refer to Document B attached. Two of the roads that intersect with Salt River Drive did
indeed have blue street signs indicating a private road, but the signs for Salt River Drive were green at
each of these crossroads.
In fact, per attached Document C, the appraiser at the time of our purchase recorded our property as
being on a public road made of asphalt. The appraiser also noted that the utilities and off-site
improvements were typical for the market area, hence, not affecting the evaluation.
It was only during the discussions surrounding this project that I learned we live on a private road. I
raised this concern with the Chesterfield Township Engineer, who stated that only the portion of Salt
River Drive from Jefferson Avenue to Lakeview Drive is a public road, and that the remainder of Salt River
Drive from Lakeview Drive to Point Lakeview Drive did not meet the MCDR standards for a public road
and was therefore considered private.
Shortly thereafter, the Salt River Drive street signs were replaced with blue signs, indicating a private
road. I later received a letter from a neighbor explaining that another resident on our street had
personally paid for the sign replacement and would accept donations to cover the cost, which seems
improper for an issue affecting the township. If the signage was incorrect, the responsibility for
correcting it lies with the township, not a private resident. This indicates a lack of clarity from the
township about road designations and confusion around road ownership, further complicating the
justification of the special assessment.
3. Partial Repaving of the Road Limits Any Benefit
The repaving project only covered the portion of the Salt River Drive starting just before my neighbor’s
house and continuing down the road for 37 properties. However, the section of Salt River Drive
beginning at Jefferson Avenue—which all vehicles must use to enter and exit the area—remains public
and was not repaved, leaving it in notably worse condition than the newly paved segment. Currently, this
area is in far worse condition than what the newly paved segment was prior to the repaving. As a result,
anyone driving to my property will still have to traverse a public road that is uneven and with significant
potholes, passing only one property’s length of repaved road before reaching my driveway {See Photos
3-9}.
Because the section of Salt River Drive that remains public is the primary access route to all homes—
including mine—the practical and aesthetic benefit of the private road paving is effectively nullified.
Given this, the limited scope of this project fails to provide any noticeable benefit to my property’s value.
Prospective buyers would still have to drive over the deteriorating public portion of the road before
reaching my driveway, which negates any supposed improvement from the private road project. The
partial nature of this project only underscores the lack of meaningful enhancement to my property’s
value.Page 4
Photo 3. View of Salt River Drive (public portion of road) when entering from Jefferson Ave Photo 3. View of Salt River Drive (public portion of road) when entering from Jefferson Ave
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Photo 4. View of Salt River Drive (public portion of road) when approaching Jefferson Ave Photo 4. View of Salt River Drive (public portion of road) when approaching Jefferson Ave
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Photo 5. View of Salt River Drive (public portion of road) when approaching Jefferson Ave Photo 5. View of Salt River Drive (public portion of road) when approaching Jefferson
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P
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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 Aaron Shields, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No.: 24-003981 Township Of Chesterfield, Respondent. NOTICE OF TELEPHONE HEARING The Tribunal has scheduled a telephone hearing to be conducted as follows. Hearings are generally 30 minutes in length. HEARING DATE: December 2, 2025 HEARING TIME: 2:30 PM EST JOIN BY PHONE: 1-248-509-0316 ACCESS CODE: 68978867 This hearing will be held by telephone conference call with the Judge as the host. In order to join the hearing, call the phone number listed above at least 5 minutes prior to the hearing time. You will then be required to input the access code, followed by # to connect. The Tribunal judge will call in and join by phone at the hearing time. Failure to timely call in may result in the placement of a party or parties in default. This is an important legal document. Please have someone translate the document. Este es un documento legal importante. Por favor, haga traducir este documento. এটি একটি গুরুত্বপূর্ণ আইনি দলিল, অনুগ্রহ করে কেউ দলিলটিকে অনুবাদ করুন। .ةقيثولا مجرتت صخش كيدل ىجري ةماه ةينوناق ةقيثو وه اذه Ito ay isang mahalagang legal na dokumento. Mangyari lamang na magkaroon ng isang tao isalin ang dokumento.
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MTT Docket No. 24-003981 Page 2 of 12 HEARING INFORMATION – PLEASE READ IMMEDIATELY GENERAL INFORMATION: An impartial hearing will be conducted in accordance with the Michigan Tax Tribunal Rules (R 792.10201-R 792.10297) and the Michigan Administrative Procedures Act, MCL 24.201 et seq. The Michigan Rules of Evidence and the Michigan Court Rules may be applicable. Parties are expected to exercise proper respect and courtesy toward other parties, witnesses, and administrative law judges, which includes attending the hearing on time, silencing cell phones, and choosing a quiet, private location to participate in the hearing to limit distractions and ensure minimal background noise. The hearing may be recorded for notetaking purposes, but the recording is not a formal record, unless otherwise provided for by the Tribunal. REPRESENTATION: You may have an attorney or anyone else of your choice represent you at the hearing. The Tribunal does not recommend or appoint representatives for you and will not pay for your representative. WITNESSES: You may have anyone join you at the hearing to speak in support of your case. However, the time to present your case is limited and additional time may not be provided to accommodate witness testimony. DOCUMENTATION: Parties are required to submit all documents in support of their contentions to both the Tribunal and the opposing party at least 21 days before the hearing date even if the documents were previously submitted to the local Board of Review or the Michigan Department of Treasury. If the documents are not timely submitted to both the Tribunal and the opposing party, the documents may be excluded. Documents may be submitted to the Tribunal by mail or through the Tribunal’s electronic filing (e- filing) system. Documents may be sent to the opposing party by mail or by e-mail, if the parties agree to submission by e-mail. If sent by mail, the documents must be sent to the opposing party or their authorized representative at the address identified in the petition or answer for that party or authorized representative, unless the party or authorized representative filed an appearance or other documentation identifying a different mailing address. The documents do not need to be resubmitted after the Notice of Hearing if they were previously submitted to the Tribunal and the opposing party in this case. If a hearing had previously been scheduled in this case and adjourned, and the adjournment order indicates that the parties are precluded from submitting any further documentary evidence, no further documentary evidence will be accepted even if filed and exchanged as indicated above. INCLUSION OF SUBSEQUENT TAX YEARS: Subsequent tax year assessments are automatically included in valuation appeals once the assessment has been established for that tax year. For purposes of administrative efficiency, the Tribunal considers this date April 1st. As such, the parties should submit documentation and be prepared to discuss subsequent tax year assessments at hearings to be conducted on or after April 1st in a subsequent year. If the hearing is to be conducted prior to April 1st in a subsequent year, taxpayers are required to file a new petition and, if necessary, protest the subsequent tax year assessment at the March Board of Review for that year. MOTIONS/REQUESTS: A motion is a written request filed by a party asking the Tribunal to take certain action. The following motions and requests may be filed by either party regarding the scheduled hearing. Motions and requests may be submitted to the Tribunal by mail or through the Tribunal’s e-filing system. Motions and requests may be sent to the opposing party by mail or by e-mail, if the parties agree to submission by e-mail. If sent by mail, motions and requests must be sent to the opposing party or their authorized representative at the address identified in the petition or answer for that party or authorized representative, unless the party or authorized representative filed an appearance or other documentation identifying a different mailing address. 1. Motion to Adjourn: Parties may request the hearing be rescheduled (i.e. adjourned). The motion must be submitted to both the Tribunal and the opposing party at least 28 days before the hearing unless there are emergency circumstances. The emergency circumstances must be detailed to justify the granting of what
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MTT Docket
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MT
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RECEIVED
NOV 12 2024
MICHIG~w TAX TRIBUNAL
STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON |. BROWN, DPA
GOVERNOR
LANSING
DIRECTOR
PROPERTY TAX APPEAL ANSWER FORM
SPECIAL ASSESSMENT
MTT DOCKET NO. 24-003981
Pursuant to Michigan Tax Tribunal Rule {TTR) 278(4), you MUST submit a copy of the notice giving rise to the appeal (e.g. the special
assessment confirmation roll) with this Small Claims Answer if applicable. If you do not submit this document, you may be held in
default.
Section 1: Respondent’s Contact Information
Unit of Government:
Township of Chesterfield
Section 2: Respondent’s Attorney/Authorized Representative’s Contact Information
First Name
Ml.
Last Name
Kerry
L
Beauvais
Firm Name (if any)
Address (No., Street, P.O. Box or Rural Route}
47275 Sugarbush Rd
City or Town
State
ZIP Code
Chesterfield
MI
48047
Telephone Number
Fax Number
(586) 649-6452
E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail)
kbeauvais@chesterfieldtwp.org
Section 3: Subject Property Information
Parcel identification Number(s):
15-09-27-279-002
If muitipie parcels are being appealed are they contiguous or adjoining?
Yes
[INo
[na
Taxing Authority (Clty or Township)
County
Chesterfield Twp
MacombPage 2
STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR Section 4: Explain Your Answer to this Appeal The special assessment is a properly approved and confirmed paving SAD as allowed by Act 188 of 1954. The cost of the SAD was also spread to each of the parcels according to the benefit received. The benefit is defined as an increase in value to the parcel in proportion to the increase in value of the entire special assessment district. Section 5: Jurisdictional Issues Did Petitioner protest the special assessment at the hearing held to confirm the special assessment roll? [wi] Yes O No What was the date of the hearing held to confirm the special assessment roll? 9/24/24 How many years is the special assessment being levied? What is the total amount of the special assessment being levied (per parcel)? 10 years $10,495.08 ($98.78/FF per parcel) What is the basis for the special assessment? Identify the applicable statutory provision. Resident initiated application MCL 41.721 thru 41.738 Signature required Respondent or Attorney/Authorized Representative’s Signature: 2. 1 act. Kerry L. Beauvais SF
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si STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR TL ANGING DIRECTOR PAPER FILING INSTRUCTIONS FOR ANSWER TO SPECIAL ASSESSMENT APPEAL Follow these instructions for filing the small claims answer. For any questions that are not answered in these instructions, see the Tribunal's website at www.michigan.gov/taxtrib or contact the Tribunal at 517-335-9760. Mail the completed form to: = Michigan Tax Tribunal 611 W. Ottawa St., Lansing, MI 48933 U.S. Postal Mailing Address: PO BOX 30232, Lansing, MI 48909 Other Carriers (UPS, FedEx, DHL): 2nd Floor MTT, 2407 N. Grand River Avenue, Lansing, MI 48906 Section 1: Respondent’s Contact Information: The “Respondent” is not the assessor, Respondent is the unit of government filing the answer to the petition (i.e. city or township). Section 2: Respondent’s Attorney/Authorized Representative’s Contact Information: Respondent must be represented by an attorney or authorized representative (i.e., assessor) to file an answer to the petition. Respondent's attorney or authorized representative must provide all information requested in Section 2 of the Answer Form. Only the attorney or authorized representative will receive notices and documents from the Tribunal. IMPORTANT: If the contact information for Respondent or the attorney or authorized representative, if listed, includes an email address, the Tribunal will use that email address to electronically serve all future documents issued by the Tribunal. A request by Respondent or Respondent's attorney or authorized representative to opt out of electronic service once an email address is provided must be made in writing. Section 3: Subject Property Information: Use the Multiple Parcel Form for additional parcels, if necessary. o Parcel Identification Number(s): The parcel number(s) being appealed must be listed. o Are they contiguous or adjoining: If multiple parcels are being appealed,
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STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR Section 4: Explain Your Answer to this Appeal: Provide the basis of Respondent's answer to the appeal and any necessary explanation (i.e., “set forth the facts upon which you rely in defense of this matter”). Section 5: Jurisdictional Issues: + Did Petitioner protest the assessment at the hearing held to confirm the special assessment roll: Indicate whether Petitioner protested (either in person or in writing) at the hearing to confirm the special assessment roll. * What was the date of the hearing held to confirm the special assessment roll: Indicate the date the hearing was held. * How many years is the special assessment being levied: List the number of years for which the special assessment is to be levied. * What is the total amount of the special assessment being levied: Indicate the total value of the special assessment levied. * What is the basis for the special assessment: Indicate under what authority the special assessment was levied and cite the applicable statutory provision. Signature: A signature by Respondent's attorney or authorized representative is required. REMINDERS: Pursuant to TTR 279, Respondent shall provide the Tribunal a copy of the resolution confirming the special assessment roll with the answer. You must submit the original, signed completed
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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 Aaron Shields, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003981 Township Of Chesterfield, Respondent. NOTICE OF FILING TAKE NOTICE that a Small Claims answer has been filed and the electronic copy of the answer can be reviewed by utilizing the Docket Lookup on the Tribunal’s website. Unless Respondent was defaulted, this case is ready to be scheduled for a Small Claims hearing and will be scheduled in the normal course of scheduling. You will receive a Notice of Hearing from the Tribunal by e-mail if you have identified an email address in the petition or other documentation. The Notice of Hearing will inform you of the date, time, and location of your hearing (note that your hearing will likely be conducted by telephone). Please read the Notice of Hearing as it includes important information. EVIDENCE: Parties are required to submit all evidence to the Tribunal and send a copy to the opposing party at least 21 days before the hearing date even if the documents had been submitted to the local Board of Review or the Michigan Department of Treasury. If the documents are not timely submitted to the Tribunal and served on the opposing party, the documents may be excluded. Documents may be filed with the Tribunal by mail or through the Tribunal’s e-filing system. Documents may be sent to the opposing party by mail or by e-mail, if the parties agree to service by e-mail. Alternate Dispute Resolution Options INFORMAL SETTLEMENT CONFERENCE: Parties have the option of handling this case through an informal settlement conference. An informal settlement conference is a meeting between the parties and/or their representatives to discuss the issues in a case in an effort to settle the case. This process may be an alternative to a hearing with a judge and may result in the parties’ filing a Joint Stipulation for Entry of Consent Judgment. Visit the Tribunal’s ADR webpage for more information. MEDIATION: Parties have the option of handling this case through mediation. Mediation is a voluntary process where a mediator facilitates communication between the parties, assists in identifying issues, and helps explore solutions to promote a mutually acceptable settlement. This process may be an alternative to a hearing with a judge and may result in the parties’ filing a Joint Stipulation for Entry of Consent Judgment. Visit the Tribunal’s ADR webpage for more information.
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MTT Docket No. 24-003981 Page 2 of 6 If you have any questions, please contact the Tribunal by phone at (517) 335-9760 or email taxtrib@michigan.gov. By: Tribunal Clerk Entered: December 12, 2024 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 provide by those parties, attorneys, or authorized representatives. By: Tribunal Clerk
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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 Aaron Shields, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003981 Township Of Chesterfield, Respondent. NOTICE OF FILING TAKE NOTICE that a Small Claims answer has been filed and the electronic copy of the answer can be reviewed by utilizing the Docket Lookup on the Tribunal’s website. Unless Respondent was defaulted, this case is ready to be scheduled for a Small Claims hearing and will be scheduled in the normal course of scheduling. You will receive a Notice of Hearing from the Tribunal by e-mail if you have identified an email address in the petition or other documentation. The Notice of Hearing will inform you of the date, time, and location of your hearing (note that your hearing will likely be conducted by telephone). Please read the Notice of Hearing as it includes important information. EVIDENCE: Parties are required to submit all evidence to the Tribunal and send a copy to the opposing party at least 21 days before the hearing date even if the documents had been submitted to the local Board of Review or the Michigan Department of Treasury. If the documents are not timely submitted to the Tribunal and served on the opposing party, the documents may be excluded. Documents may be filed with the Tribunal by mail or through the Tribunal’s e-filing system. Documents may be sent to the opposing party by mail or by e-mail, if the parties agree to service by e-mail. Alternate Dispute Resolution Options INFORMAL SETTLEMENT CONFERENCE: Parties have the option of handling this case through an informal settlement conference. An informal settlement conference is a meeting between the parties and/or their representatives to discuss the issues in a case in an effort to settle the case. This process may be an alternative to a hearing with a judge and may result in the parties’ filing a Joint Stipulation for Entry of Consent Judgment. Visit the Tribunal’s ADR webpage for more information. MEDIATION: Parties have the option of handling this case through mediation. Mediation is a voluntary process where a mediator facilitates communication between the parties, assists in identifying issues, and helps explore solutions to promote a mutually acceptable settlement. This process may be an alternative to a hearing with a judge and may result in the parties’ filing a Joint Stipulation for Entry of Consent Judgment. Visit the Tribunal’s ADR webpage
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MT
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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 SPECIAL ASSESSMENT MOAHR DOCKET NO. Section 1: Petitioner’s Contact Information Filer Type: Individual First Name Aaron M.I. Last Name/Company Name Shields Mailing Address (No., Street, P.O. Box or Rural Route) 48884 Salt River Drive City or Town Chesterfield State Michigan ZIP Code 48047 Telephone Number 586-381-0752 Fax Number E-mail Address shieldsjaaron@gmail.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 Pursuant to Michigan Tax Tribunal Rule (TTR) 277(3), you MUST submit a copy of the notice giving rise to the appeal (e.g. a copy of the resolution confirming the special assessment roll) with this Small Claims Petition, if applicable. If you do not submit this document, you may be held in default.
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR Section 3: Subject Property Information How many parcels are you appealing? 1 If you are appealing more than one parcel, are they contiguous or adjoining? *If no, you must file separate appeals for each non-contiguous or non-adjoining parcel. Property Address (No., Street, City, ST, ZIP) (If multiple, list first property’s address) 48884 Salt River Drive Chesterfield Michigan 48047 Parcel Identification Number(s): 15-09-27-279-002 Taxing Authority (City or Township) Township Of Chesterfield (MACOMB) County Section 4: Explain the Reason for this Appeal Re: Appeal of Special Assessment – 48884 Salt River Drive Dear Members of the Michigan Tax Tribunal, I am writing to formally appeal the special assessment imposed on my property located at 48884 Salt River Drive in Chesterfield Township. The total amount of this assessment is $10,495.08, payable upfront by 12/01/2024 or over 10 years with a 5% interest rate. I respectfully request that this assessment be reviewed and reconsidered, as I believe it fails to provide a sufficient "special benefit" to my property, which is required to justify such an assessment. 1. Lack of a Sufficient Special Benefit to My Property Our road was already paved prior to the repavement project, albeit with some potholes typical of Michigan roads. It was entirely passable and safe to drive on. Despite my wife’s and my objections, the repaving project proceeded due to a majority petition, though I fail to see how this improvement adds value to my property anywhere close to the $10,495.08 assessment fee. I formally protested the special assessment in person at the hearing held on September 24, 2024 to confirm the special assessment roll. Since the road was already paved and functional, the repavement has not provided any meaningful improvement that would increase the market value of my property. Any alleged benefit, if present, is minimal at best and does not justify such a high financial burden. 2. Misrepresentation of Road Status and Improper Signage Since I purchased the property in 2021, the Salt River Drive street signs have been green, which according to Chesterfield Township’s own website, denotes a public road maintained by Macomb County Department of Roads. Two of the roads that intersect with Salt River Drive do indeed have blue street signs indicating a private road, but the signs for Salt River Drive were green at each of these crossroads. In fact, the assessor at the time of purchase recorded the property as being on a public road. It was only during the discussions surrounding this project that I learned we live on a private road. I raised this concern with the Chesterfield Township Engineer who stated that only the portion of Salt River Drive from Jefferson Avenue to Lakeview Drive is a public road, and that the remainder of Salt River Drive from Lakeview Drive to Point Lakeview Drive did not meet the MCDR standards for a public road and was therefore considered private. Shortly thereafter, the Salt River Drive street signs were replaced with blue signs, indicating a private road. I later received a letter from a neighbor explaining that another resident on our street had personally paid for the sign replacement and would accept donations to cover the cost, which seems improper for an issue affecting the township. If the signage was incorrect, the responsibility for correcting it lies with the township, not a private resident. This indicates a lack of clarity from the township about road designations and confusion around road ownership, further complicating the justification of the special assessment. 3. Partial Repaving of the Road Limits Any Benefit The repaving project only covered the portion of the Salt River Drive, starting just before my neighbor’s house and continuing down the road for 37 properties. However, the section of Salt River Drive beginning at Jefferson Avenue—which all vehicles must use to enter and exit the area—remains public and was not repaved, leaving it in notably worse condition than the newly paved segment. As a result, anyone driving to my property will still have to traverse a public road that is uneven and with potholes, passing only one property’s length of repaved road before reaching my driveway. Given this, the limited scope of this project fails to provide any noticeable benefit to my property’s value. Prospective buyers would still have to drive over the deteriorating public portion of the road before reaching my driveway, which negates any supposed improvement from the private road project. The partial nature of this project only underscores the lack of meaningful enhancement to my property’s value. 4. Conclusion In light of the above, I respectfully request that the Tribunal reconsider the justification for the
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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 Aaron Shields, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003981 Township Of Chesterfield, Respondent. NOTICE OF DOCKET NUMBER TAKE NOTICE that a Small Claims petition has been filed and the above-noted docket number has been assigned to that petition. The assignment of the docket number does not mean that the Tribunal has authority over the petition or that the petition complies with the Tribunal’s rules. The docket number needs to be included on all documents submitted in this case. Respondent shall file an answer to the petition within 28 days of the issuance of a copy of this Notice to Respondent. Tribunal answer forms are available on our website at www.michigan.gov/taxtrib. Respondents must utilize the appropriate answer form. Failure to file the answer within the 28-day time frame may result in the placement of Respondent in default, as provided by TTR 279. Further, an electronic copy of the petition can be reviewed by utilizing the Docket Lookup Search on the Tribunal’s website. By: __Tribunal Clerk_____ Entered: November 7, 2024 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 provide by those parties, attorneys, or authorized representatives. By: Tribunal Clerk
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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 Aaron Shields, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003981 Township Of Chesterfield, Respondent. NOTICE OF DOCKET NUMBER TAKE NOTICE that a Small Claims petition has been filed and the above-noted docket number has been assigned to that petition. The assignment of the docket number does not mean that the Tribunal has authority over the petition or that the petition complies with the Tribunal’s rules. The docket number needs to be included on all documents submitted in this case. Respondent shall file an answer to the petition within 28 days of the issuance of a copy of this Notice to Respondent. Tribunal answer forms are available on our website at www.michigan.gov/taxtrib. Respondents must utilize the appropriate answer form. Failure to file the answer within the 28-day time frame may result in the placement of Respondent in default, as provided by TTR 279. Further, an electronic copy of the petition can be reviewed by utilizing the Docket Lookup Search on the Tribunal’s website. By: __Tribunal Clerk_____ Entered: November 7, 2024 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 provide by those parties, attorneys, or authorized representatives. By: Tribunal Clerk
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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 SPECIAL ASSESSMENT MOAHR DOCKET NO. Section 1: Petitioner’s Contact Information Filer Type: Individual First Name Aaron M.I. Last Name/Company Name Shields Mailing Address (No., Street, P.O. Box or Rural Route) 48884 Salt River Drive City or Town Chesterfield State Michigan ZIP Code 48047 Telephone Number 586-381-0752 Fax Number E-mail Address shieldsjaaron@gmail.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 Pursuant to Michigan Tax Tribunal Rule (TTR) 277(3), you MUST submit a copy of the notice giving rise to the appeal (e.g. a copy of the resolution confirming the special assessment roll) with this Small Claims Petition, if applicable. If you do not submit this document, you may be held in default.
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR Section 3: Subject Property Information How many parcels are you appealing? 1 If you are appealing more than one parcel, are they contiguous or adjoining? *If no, you must file separate appeals for each non-contiguous or non-adjoining parcel. Property Address (No., Street, City, ST, ZIP) (If multiple, list first property’s address) 48884 Salt River Drive Chesterfield Michigan 48047 Parcel Identification Number(s): 15-09-27-279-002 Taxing Authority (City or Township) Township Of Chesterfield (MACOMB) County Section 4: Explain the Reason for this Appeal Re: Appeal of Special Assessment – 48884 Salt River Drive Dear Members of the Michigan Tax Tribunal, I am writing to formally appeal the special assessment imposed on my property located at 48884 Salt River Drive in Chesterfield Township. The total amount of this assessment is $10,495.08, payable upfront by 12/01/2024 or over 10 years with a 5% interest rate. I respectfully request that this assessment be reviewed and reconsidered, as I believe it fails to provide a sufficient "special benefit" to my property, which is required to justify such an assessment. 1. Lack of a Sufficient Special Benefit to My Property Our road was already paved prior to the repavement project, albeit with some potholes typical of Michigan roads. It was entirely passable and safe to drive on. Despite my wife’s and my objections, the repaving project proceeded due to a majority petition, though I fail to see how this improvement adds value to my property anywhere close to the $10,495.08 assessment fee. I formally protested the special assessment in person at the hearing held on September 24, 2024 to confirm the special assessment roll. Since the road was already paved and functional, the repavement has not provided any meaningful improvement that would increase the market value of my property. Any alleged benefit, if present, is minimal at best and does not justify such a high financial burden. 2. Misrepresentation of Road Status and Improper Signage Since I purchased the property in 2021, the Salt River Drive street signs have been green, which according to Chesterfield Township’s own website, denotes a public road maintained by Macomb County Department of Roads. Two of the roads that intersect with Salt River Drive do indeed have blue street signs indicating a private road, but the signs for Salt River Drive were green at each of these crossroads. In fact, the assessor at the time of purchase recorded the property as being on a public road. It was only during the discussions surrounding this project that I learned we live on a private road. I raised this concern with the Chesterfield Township Engineer who stated that only the portion of Salt River Drive from Jefferson Avenue to Lakeview Drive is a public road, and that the remainder of Salt River Drive from Lakeview Drive to Point Lakeview Drive did not meet the MCDR standards for a public road and was therefore considered private. Shortly thereafter, the Salt River Drive street signs were replaced with blue signs, indicating a private road. I later received a letter from a neighbor explaining that another resident on our street had personally paid for the sign replacement and would accept donations to cover the cost, which seems improper for an issue affecting the township. If the signage was incorrect, the responsibility for correcting it lies with the township, not a private resident. This indicates a lack of clarity from the township about road designations and confusion around road ownership, further complicating the justification of the special assessment. 3. Partial Repaving of the Road Limits Any Benefit The repaving project only covered the portion of the Salt River Drive, starting just before my neighbor’s house and continuing down the road for 37 properties. However, the section of Salt River Drive beginning at Jefferson Avenue—which all vehicles must use to enter and exit the area—remains public and was not repaved, leaving it in notably worse condition than the newly paved segment. As a result, anyone driving to my property will still have to traverse a public road that is uneven and with potholes, passing only one property’s length of repaved road before reaching my driveway. Given this, the limited scope of this project fails to provide any noticeable benefit to my property’s value. Prospective buyers would still have to drive over the deteriorating public portion of the road before reaching my driveway, which negates any supposed improvement from the private road project. The partial nature of this project only underscores the lack of meaningful enhancement to my property’s value. 4. Conclusion In light of the above, I respectfully request that the Tribunal reconsider the justification for the
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