Bre Nixon Road Associates, LLC Petitioner Vs. City Of Ann Arbor Respondent
- Petitioner
- Bre Nixon Road Associates, LLC
- Respondent
- City Of Ann Arbor
Case overview
- Docket number
- 26-001611-TT
- Status
- Ready Schedule
- CaseType
- ET Property
- Division
- ET
- County
- Washtenaw
- Judge
- No judge assigned
Docket history
| Line # | Subject | Filer | Line Ref | Enter Date/Post Mark | Fee | Related Item |
|---|---|---|---|---|---|---|
| 5 | Answer was received | RESP | Not recorded | 09/28/2026 | Not recorded | Download |
| Not recorded | Not recorded | Not recorded | Not recorded | Not recorded | Not recorded | Download |
| 4 | Proof of service of petition was received. | Not recorded | Not recorded | 08/31/2026 | Not recorded | Download |
| Not recorded | Not recorded | Not recorded | Not recorded | Not recorded | Not recorded | Download |
| 3 | Petition has been verified | PET | 1 | 08/20/2026 | Not recorded | Download |
| Not recorded | Not recorded | Not recorded | Not recorded | Not recorded | Not recorded | Download |
| 2 | Notice of Docket Number ET | Not recorded | Not recorded | 08/20/2026 | Not recorded | Download |
| 1 | A petition was received. | PET | Not recorded | 05/27/2026 | $600.00 | Download |
| Not recorded | Not recorded | Not recorded | Not recorded | Not recorded | Not recorded | Download |
Documents
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STATE OF MCHIGAN MICHIGAN TAX TRIBUNAL BRE Nixon Road Associates LLC, Petitioner, V City of Ann Arbor, Respondent. MTT Docket No. 26-001611 Jerome P. Pesick (P29039) Jason C. Long (P59244) WILLIAMS, WILLIAMS, RATTNER & PLUNKETT, PC Attorneys for Petitioner 380 N. Old Woodward Avenue, Suite 300 Birmingham, Michigan 48009 (248) 642-0333 jpesick@wwrplaw.com jlong@wwrplaw.com John W. Reiser (P45050) OFFICE OF THE CITY ATTORNEY Attorney for Respondent 301 E. Huron Street, 3rd Floor Ann Arbor, Michigan 48104-1908 (734) 794-6170 jreiser@a2gov.org RESPONDENT CITY OF ANN ARBOR’S RESPONSE TO PETITION Respondent City of Ann Arbor (“Respondent”), through the Ann Arbor City Attorney’s Office, responds in opposition to the Petition of BRE Nixon Road Associates LLC (“Petitioner”) as follows: 1. Respondent leaves Petitioner to its proofs. 2. Admit. 3. Respondent leaves Petitioner to its proofs. 4. Admit. 5. Admit. 6. Admit.
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2 7. Admit. 8. Respondent leaves Petitioner to its proofs. 9. Respondent leaves Petitioner to its proofs. 10. Respondent leaves Petitioner to its proofs. 11. Respondent leaves Petitioner to its proofs as to (a) through (d). 12. Respondent leaves Petitioner to its proofs. For the reasons stated above, Respondent requests that the Tribunal deny Petitioner’s request and affirm its 2026 assessed and taxable values. Dated: September 28, 2026 Respectfully submitted, OFFICE OF THE CITY ATTORNEY By: /s/ John W. Reiser John W. Reiser (P45050) Attorney for Respondent 301 E. Huron Street, 3rd Floor Ann Arbor, Michigan 48104-1908 (734) 794-6170 jreiser@a2gov.org
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3 AFFIRMATIVE DEFENSES Respondent City of Ann Arbor (“Respondent”), through the Ann Arbor City Attorney’s Office, and for its Affirmative Defenses to the Petition of BRE Nixon Road Associates LLC (“Petitioner”), states the following: 1. Respondent reserves the right to raise affirmative defenses as the same become apparent in the court of this litigation. Dated: September 28, 2026 Respectfully submitted, OFFICE OF THE CITY ATTORNEY By: /s/ John W. Reiser John W. Reiser (P45050) Attorney for Respondent 301 E. Huron Street, 3rd Floor Ann Arbor, Michigan 48104-1908 (734) 794-6170 jreiser@a2gov.org PROOF OF SERVICE I hereby certify that on September 28, 2026, I emailed a true and correct copy of the foregoing Response to Petition and Affirmative Defenses to the above-named attorneys for petitioner at the address listed above. /s/ Dawn M. Bagozzi Legal Assistant
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR Entire Tribunal Case Information Sheet - Respondent MTT DOCKET NO. 26-001611 Section 1: Respondent’s Contact Information Filer Type: Local Unit of Government Local Unit of Government City Of Ann Arbor (WASHTENAW) First Name M.I. Last Name Home Address (No., Street, P.O. Box or Rural Route) City or Town State ZIP Code Telephone Number E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) Section 2: Attorney/Authorized Representative’s Contact Information First Name John M.I. W. Last Name Reiser Firm Name (if any) City Attorneys Office Address (No., Street, P.O. Box or Rural Route) 301 E. Huron Street, 3rd Floor City or Town Ann Arbor State Michigan ZIP Code 48104 Telephone Number 734-794-6170 E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) jreiser@a2gov.org Electronic Signature *Typing your name below will serve as your signature Respondent or Authorized Attorney/Representative’s Signature: John W. Reiser /s/
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STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN ADMINISTRATIVE HEARING SYSTEM MICHIGAN TAX TRIBUNAL BRE Nixon Road Associates, LLC, Docket No. 26-001611 Petitioner, Parcel No. 09-09-10-401-002 v. City of Ann Arbor, Respondent. Jerome P. Pesick (P29039) Jason C. Long (P59244) WILLIAMS, WILLIAMS, RATTNER & PLUNKETT, PC 380 N. Old Woodward Ave., Ste. 300 Birmingham, MI 48009 (248) 642-0333 Attorneys for Petitioner Proof of Service of Petition and Notice of Docket Number
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Proof of Service of Petition and Notice of Docket Number Monica Athanas states that she personally served copies of the Entire Tribunal Property Tax Petition, Notice of Docket Number, and this Proof of Service, on the persons listed below, by the means identified, by placing those documents in a duly stamped, addressed envelopes and placing the envelopes in the United States mail on August 31, 2026. PERSONS SERVED: Certified Mail Clerk City of Ann Arbor 301 E. Huron St., 2nd Floor Ann Arbor, MI 48104 Assessor City of Ann Arbor 301 E. Huron St., 5th Floor Ann Arbor, MI 48104 First Class Mail Clerk Secretary of School Board Washtenaw County Ann Arbor Public Schools 200 N. Main St., Ste. 100 2555 S. State St. Ann Arbor, MI 48104 Ann Arbor, MI 48104 Director of Equalization State Treasurer Washtenaw County Michigan Dep't of Treasury 200 N. Main St., Ste. 210 430 W. Allegan Ann Arbor, MI 48104 Lansing, MI 48922 Mop Othanad "Monica Athanas
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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 MICHIGAN TAX TRIBUNAL Docket Number: 26-001611 Is this case currently pending in the Small Claims Division? No Party Filing Document Petitioner Files Document Type: Proof of Service: Petition Attachment File Name: BRE Nixon - POS - Petition Fee Information Filing Fee: $ 0.00 Payment Information Payment: $ 0.00
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STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN ADMINISTRATIVE HEARING SYSTEM MICHIGAN TAX TRIBUNAL BRE Nixon Road Associates, LLC, Docket No. 26- Petitioner, Parcel No. 09-09-10-401-002 v. City of Ann Arbor, Respondent. Jerome P. Pesick (P29039) Jason C. Long (P59244) WILLIAMS, WILLIAMS, RATTNER & PLUNKETT, PC 380 N. Old Woodward Ave., Ste. 300 Birmingham, MI 48009 (248) 642-0333 Attorneys for Petitioner Entire Tribunal Property Tax Petition Petitioner BRE Nixon Road Associates, LLC, by and through its attorneys, Williams, Williams, Rattner & Plunkett, PC, states as follows for its Entire Tribunal Property Tax Petition. The Parties 1. Petitioner BRE Nixon Road Associates, LLC is a Michigan limited liability company with its principal place of business located in Michigan at 300 Eagle Pond Drive, 154, Walled Lake, MI 48390. 2. Respondent City of Ann Arbor is a Michigan city with its principal offices
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located at 301 E. Huron St., Ann Arbor, MI 48104. The Subject Property 3. Petitioner owns property identified as Parcel No. 09-09-10-401-002 and commonly known as 3380 Nixon Road, Ann Arbor, MI 48105 (the “Subject Property”). 4. The Subject Property is located in Washtenaw County and is within the Ann Arbor Public School District. 5. Respondent possesses jurisdiction to assess and collect property taxes for the Subject Property. The 2026 Assessment 6. For the 2026 tax year, Respondent classified the Subject Property as commercial real property. 7. For the 2026 tax year, Respondent established the Subject Property’s assessment for property taxes as follows: True Cash Value Assessed Value Taxable Value 64,889,800 32,444,900 19,892,833 8. Petitioner contends that a lawful assessment of the Subject Property for the 2026 tax year cannot exceed the following amounts: True Cash Value Assessed Value Taxable Value 34,000,000 17,000,000 17,000,000 9. The amounts in dispute therefore are as follows: True Cash Value Assessed Value Taxable Value 30,889,800 15,444,900 2,892,833 10. This Petition presents issues involving the Subject Property’s valuation for assessment purposes. Petitioner does not believe that this Petition presents any
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issues arising out of “additions” or “losses” as the General Property Tax Act, MCL 211.1 et seq. (the “GPTA”), defines those terms, but reserves its right to assert issues involving losses should information supporting such issues become available. 11. The Subject Property’s 2026 assessment (a) violates the Michigan Constitution, the GPTA, and other Michigan law, (b) is based on erroneous principles and information, (c) is based on the misapplication of valuation principles, and (d) otherwise violates Petitioner’s rights. 12. Petitioner does not assert that the Subject Property’s 2026 assessment is not uniform aside from the lack of uniformity resulting from Respondent overestimating the Subject Property’s values. Conclusion and Request for Relief WHEREFORE, Petitioner respectfully requests that this honorable Tribunal enter judgment revising the Subject Property’s 2026 assessment to be consistent with the values set forth in Paragraph 8 of this Petition and granting Petitioner all other relief to which it is entitled under Michigan law. Respectfully Submitted, WILLIAMS, WILLIAMS, RATTNER & PLUNKETT, PC By: /s/ Jerome P. Pesick Jerome P. Pesick (P29039) Dated: May 27, 2026 Attorneys for Petitioner
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR Entire Tribunal Case Information Sheet - Petitioner MTT DOCKET NO. Section 1: Petitioner’s Contact Information Filer type: Organization Local Unit of Government First Name M.I. Last Name/Company Name BRE Nixon Road Associates, LLC Home Address (No., Street, P.O. Box or Rural Route) 300 Eagle Pond Drive, 154 City or Town Walled Lake State Michigan ZIP Code 48390 Telephone Number 2486420333 E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) jpesick@wwrplaw.com Section 2: Attorney/Authorized Representative’s Contact Information First Name Jerome M.I. P Last Name Pesick Firm Name (if any) Williams, Williams, Rattner & Plunkett, PC Address (No., Street, P.O. Box or Rural Route) 380 N. Old Woodward, Ste 300 City or Town Birmingham State Michigan ZIP Code 48009 Telephone Number 2486420333 E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) jpesick@wwrplaw.com Section 3: Issue Please designate one: Valuation Section 4: Subject Property Information How many parcels are you appealing? 1 Property Address (No., Street, City, ST, ZIP) [If multiple, list first property’s address] 3380 Nixon Road, , MI Ann Arbor
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR Michigan 48105 Taxing Authority (City or Township) City Of Ann Arbor (WASHTENAW) County Washtenaw 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.) N/A Section 5: Check which of the following you are appealing (check all that apply) True Cash and Taxable Values If “Other”, please explain: Section 6: Valuation Information for Each Parcel under Appeal Parcel Number: 09-09-10-401-002 Classification of Property: Real (check one) Commercial (check one) Current Assessed Value (also known as State Equalized Value) as established by the Board of Review: 32444900 Current Taxable Value as established by the Board of Review: 19892833 What do you believe is the fair market value (also known as True Cash Value)? 34000000 Multiply the True Cash Value by 50% and enter here. This is your contention of Assessed Value (also known as State Equalized Value). 17000000 If you belive the Taxable Value differs from your contention of Assessed Value, enter your contention of Taxable Value. 17000000 Fee Information The filing fee is based on the greater of State Equalized Value or Taxable Value in contention. If you are appealing more than one parcel, the parcel with the highest State Equalized Value or Taxable Value in contention will be used to determine your filing fee, plus $25.00 will be added for each additional parcel being appealed. If the State Equalized Value or Taxable Value in contention is: Your filing fee is: $100,000.00 and under $250.00 $100,000.01 to $500,000.00 $400.00 $Over $500,000.00 $600.00 * Plus $25.00 for each additional parcel, not to exceed a total filing fee of $2,000.00.
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR A fee of $250.00 is required for the filing of a Special Assessment Appeal. A fee of $250.00 is required for the filing of an Equalization Tax Appeal. A fee of $250.00 is required for the filing of a Non-Property Tax Appeal. A fee of $150.00 is required for the filing of a Classification Tax Appeal Electronic Signature *Typing your name below will serve as your signature Petitioner or Attorney/Authorized Representative’s Signature: /s/ Jerome P. Pesick Payment Information Amount: 600 Success: True Message: "" Waiver Code: Transaction Number: 26052787102709 Supporting Waiver 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 BRE Nixon Road Associates, LLC, Petitioner, MICHIGAN TAX TRIBUNAL v MTT Docket No.: 26-001611 City Of Ann Arbor, Respondent. NOTICE OF DOCKET NUMBER TAKE NOTICE that an Entire Tribunal petition has been filed and the above-noted docket number has been assigned to that petition. This docket number shall be noted on the petition and the petition shall be served within 45 days of the issuance of this notice, as required by TTR 227 and MCL 205.735a, even if the petition was served when filed. A proof of service shall also be filed with the Tribunal within 45 days of the issuance of this notice evidencing the service of the petition. If you submitted a proof of service with the petition, you must still serve the petition and file a second proof of service including the docket number, pursuant to this notice. Failure to serve the petition and file a proof of service within 45 days of the issuance of the notice may result in the dismissal of this case. Under TTR 235(1), “[t]he respondent shall file an answer or responsive motion within 28 days after the date of service of the petition with noted docket number.” Failure to do so will result in Respondent being placed in default. The docket number also needs to be noted on all other documents submitted in this case. Further, the assignment of the docket number does not mean that the Tribunal has authority over the petition or that the petition complies with statutory requirements or the Tribunal’s rules. By: Tribunal Clerk Entered: August 20, 2026 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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STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN ADMINISTRATIVE HEARING SYSTEM MICHIGAN TAX TRIBUNAL BRE Nixon Road Associates, LLC, Docket No. 26- Petitioner, Parcel No. 09-09-10-401-002 v. City of Ann Arbor, Respondent. Jerome P. Pesick (P29039) Jason C. Long (P59244) WILLIAMS, WILLIAMS, RATTNER & PLUNKETT, PC 380 N. Old Woodward Ave., Ste. 300 Birmingham, MI 48009 (248) 642-0333 Attorneys for Petitioner Entire Tribunal Property Tax Petition Petitioner BRE Nixon Road Associates, LLC, by and through its attorneys, Williams, Williams, Rattner & Plunkett, PC, states as follows for its Entire Tribunal Property Tax Petition. The Parties 1. Petitioner BRE Nixon Road Associates, LLC is a Michigan limited liability company with its principal place of business located in Michigan at 300 Eagle Pond Drive, 154, Walled Lake, MI 48390. 2. Respondent City of Ann Arbor is a Michigan city with its principal offices
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located at 301 E. Huron St., Ann Arbor, MI 48104. The Subject Property 3. Petitioner owns property identified as Parcel No. 09-09-10-401-002 and commonly known as 3380 Nixon Road, Ann Arbor, MI 48105 (the “Subject Property”). 4. The Subject Property is located in Washtenaw County and is within the Ann Arbor Public School District. 5. Respondent possesses jurisdiction to assess and collect property taxes for the Subject Property. The 2026 Assessment 6. For the 2026 tax year, Respondent classified the Subject Property as commercial real property. 7. For the 2026 tax year, Respondent established the Subject Property’s assessment for property taxes as follows: True Cash Value Assessed Value Taxable Value 64,889,800 32,444,900 19,892,833 8. Petitioner contends that a lawful assessment of the Subject Property for the 2026 tax year cannot exceed the following amounts: True Cash Value Assessed Value Taxable Value 34,000,000 17,000,000 17,000,000 9. The amounts in dispute therefore are as follows: True Cash Value Assessed Value Taxable Value 30,889,800 15,444,900 2,892,833 10. This Petition presents issues involving the Subject Property’s valuation for assessment purposes. Petitioner does not believe that this Petition presents any
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issues arising out of “additions” or “losses” as the General Property Tax Act, MCL 211.1 et seq. (the “GPTA”), defines those terms, but reserves its right to assert issues involving losses should information supporting such issues become available. 11. The Subject Property’s 2026 assessment (a) violates the Michigan Constitution, the GPTA, and other Michigan law, (b) is based on erroneous principles and information, (c) is based on the misapplication of valuation principles, and (d) otherwise violates Petitioner’s rights. 12. Petitioner does not assert that the Subject Property’s 2026 assessment is not uniform aside from the lack of uniformity resulting from Respondent overestimating the Subject Property’s values. Conclusion and Request for Relief WHEREFORE, Petitioner respectfully requests that this honorable Tribunal enter judgment revising the Subject Property’s 2026 assessment to be consistent with the values set forth in Paragraph 8 of this Petition and granting Petitioner all other relief to which it is entitled under Michigan law. Respectfully Submitted, WILLIAMS, WILLIAMS, RATTNER & PLUNKETT, PC By: /s/ Jerome P. Pesick Jerome P. Pesick (P29039) Dated: May 27, 2026 Attorneys for Petitioner
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR Entire Tribunal Case Information Sheet - Petitioner MTT DOCKET NO. Section 1: Petitioner’s Contact Information Filer type: Organization Local Unit of Government First Name M.I. Last Name/Company Name BRE Nixon Road Associates, LLC Home Address (No., Street, P.O. Box or Rural Route) 300 Eagle Pond Drive, 154 City or Town Walled Lake State Michigan ZIP Code 48390 Telephone Number 2486420333 E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) jpesick@wwrplaw.com Section 2: Attorney/Authorized Representative’s Contact Information First Name Jerome M.I. P Last Name Pesick Firm Name (if any) Williams, Williams, Rattner & Plunkett, PC Address (No., Street, P.O. Box or Rural Route) 380 N. Old Woodward, Ste 300 City or Town Birmingham State Michigan ZIP Code 48009 Telephone Number 2486420333 E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) jpesick@wwrplaw.com Section 3: Issue Please designate one: Valuation Section 4: Subject Property Information How many parcels are you appealing? 1 Property Address (No., Street, City, ST, ZIP) [If multiple, list first property’s address] 3380 Nixon Road, , MI Ann Arbor
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR Michigan 48105 Taxing Authority (City or Township) City Of Ann Arbor (WASHTENAW) County Washtenaw 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.) N/A Section 5: Check which of the following you are appealing (check all that apply) True Cash and Taxable Values If “Other”, please explain: Section 6: Valuation Information for Each Parcel under Appeal Parcel Number: 09-09-10-401-002 Classification of Property: Real (check one) Commercial (check one) Current Assessed Value (also known as State Equalized Value) as established by the Board of Review: 32444900 Current Taxable Value as established by the Board of Review: 19892833 What do you believe is the fair market value (also known as True Cash Value)? 34000000 Multiply the True Cash Value by 50% and enter here. This is your contention of Assessed Value (also known as State Equalized Value). 17000000 If you belive the Taxable Value differs from your contention of Assessed Value, enter your contention of Taxable Value. 17000000 Fee Information The filing fee is based on the greater of State Equalized Value or Taxable Value in contention. If you are appealing more than one parcel, the parcel with the highest State Equalized Value or Taxable Value in contention will be used to determine your filing fee, plus $25.00 will be added for each additional parcel being appealed. If the State Equalized Value or Taxable Value in contention is: Your filing fee is: $100,000.00 and under $250.00 $100,000.01 to $500,000.00 $400.00 $Over $500,000.00 $600.00 * Plus $25.00 for each additional parcel, not to exceed a total filing fee of $2,000.00.
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR A fee of $250.00 is required for the filing of a Special Assessment Appeal. A fee of $250.00 is required for the filing of an Equalization Tax Appeal. A fee of $250.00 is required for the filing of a Non-Property Tax Appeal. A fee of $150.00 is required for the filing of a Classification Tax Appeal Electronic Signature *Typing your name below will serve as your signature Petitioner or Attorney/Authorized Representative’s Signature: /s/ Jerome P. Pesick Payment Information Amount: 600 Success: True Message: "" Waiver Code: Transaction Number: 26052787102709 Supporting Waiver Documents:
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