Brian E Mull, Petitioner V City Of Albion, Respondent
- Petitioner
- Brian E Mull
- Respondent
- City Of Albion
Case overview
- Docket number
- 24-003452-TT
- Status
- Disposed
- CaseType
- SC Property
- Division
- Small Claims Division
- County
- Calhoun
- Judge
- No judge assigned
Docket history
| Line # | Subject | Filer | Line Ref | Enter Date/Post Mark | Fee | Related Item |
|---|---|---|---|---|---|---|
| 12 | Denied | PET | 5 | 11/21/2024 | Not recorded | Download |
| 11 | Order Denying Motion | Not recorded | Not recorded | 11/21/2024 | Not recorded | Download |
| 10 | Proof of Service of Misc Documents was received. | PET | 5 | 11/15/2024 | Not recorded | Download |
| 9 | Documentation | PET | Not recorded | 10/24/2024 | Not recorded | Download |
| 8 | Notice of No Action | Not recorded | 7 | 10/23/2024 | Not recorded | Download |
| 7 | Filing Fee Received | PET | 6 | 10/18/2024 | $25.00 | Download |
| 6 | Notice of No Action | Not recorded | Not recorded | 10/14/2024 | Not recorded | Download |
| 5 | Motion for Reconsideration was received. | PET | 4 | 10/08/2024 | $0.00 | Download |
| 4 | Order of Dismissal | Not recorded | Not recorded | 09/17/2024 | Not recorded | Download |
| 3 | Petition has been verified | PET | 1 | 09/17/2024 | Not recorded | Download |
| 2 | Notice of Docket Number SC | Not recorded | Not recorded | 09/17/2024 | Not recorded | Download |
| 1 | A petition was received. | PET | Not recorded | 06/01/2024 | $250.00 | Download |
Documents
Read document text excerpt
Page 1
RECEIVED OCT 162024 MICHIGAN TAX TRIBUNAL STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR B rion E Ul : MICHIGAN TAX TRIBUNAL Petitioner(s) MTT Docket No, RY « OOBZYS o~ Cty of Aon Respondent(s) MOTION FOR RECONSIDERATION 1. 1 wish this Tribunal to reconsider the. © dos for IDsnus sel. 2. Good cause exists to grant reconsideration because: Please read back sud ©F Shot for wo 3. lask this Tribunal to grant my request for reconsideration. Party/Representative (sign here) Brion Mull [Print/type name of person signing] | certify that on this date | served a copy of this Motion, and any additional documentation, on the opposing party or their representative. lo/e/ ad Bis rian ya
Page 2
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Page 3
R 79210212 Commencement of contested cases; motions to amend to add a subsequent tax year; election of small claims division and
entire tribunal; other filings; notice of no action.
Rule 219.
(1) A contested case is commenced by mailing, delivering, or submitting through the tribunal’s e-filing system a petition with the
appropriate filing fee within the time period prescribed by statute.
{2) A motion to amend a property tax appeal petition to include an assessment in a subsequent tax year is considered filed within the time period
prescribed by statute if it has been mailed, delivered, or submitted through the tribunal’s e-filing system with the appropriate filing fee on or
before the expiration of the applicable time period.
(3} If a petitioner files a defective petition and the tribunal is unable to determine the division of the tribunal in which the petitioner intended to
file the contested case, the petitioner is presumed to have elected to have the matter heard in the small claims division. If
a motion to transfer is
filed after the scheduling of the hearing and the motion is granted by the tribunal, the moving party shall pay all tribunal filing fees and any
reasonable costs that the tribunal determines may be incurred by the opposing party as a direct result of the transfer.
{4} Pleadings, motions, documents, and exhibits are considered filed upon mailing or delivery. Pleadings, motions, documents, and exhibits may
also be submitted through the tribunal's e-filing system. Pleadings, motions, documents, and exhibits submitted through the tribunal's e-filing
systern are considered filed upon successful submission of the pleading, motion, document, or exhibit.
LU
r
«
eadings, motions, other than
a motion to amend a —— tax — petition to include an assessment in a subsequent tax year, doctmants, and exhibits may be submitted
by email to the email address designated by the tribunal. Pleadings, motions, documents, and exhibits submitted by email to the email address
designated by the tribunal are considered filed when the email is received by the tribunal.
(5) A submission by mail is considered filed on the date indicated by the United States Postal Service postmark on the envelope containing the
submission. A submission without a postmark or with an illegible postmark is considered filed on the date the submission is received by the
tribunal. A submission by commercial delivery service is considered filed on the date the submission is given to the commercial service for
delivery to the tribunal as indicated by the receipt date on the package containing the submission. A submission by personal service is considered
filed on the date the submission is received. A submission through the tribunal's e-filing system by 11:53 p.m. on a business day is considered filed
on that business day. A submission by email to the email address designated by the tribunal by 11:53 p.m. on a business day is considered filed on
that business day. A submission on a Saturday, a Sunday, or a holiday is considered filed on the following business day, as provided by section 35a
of the tax tribunal act, MCL 205.735a.
(6) If a motion filed by mail, delivery, or through the tribunal's e-filing system is not accompanied by the required filing fee, the tribunal shall issue
a notice of no action. If a motion is submitted by email to the email address designated by the tribunal and the required filing fee is not paidPage 4
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disdh pediThese are text excerpts, not the complete document. Text recognition and reading order can contain errors. Check the PDF for complete wording, formatting, and context.
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Page 1
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 Brian E Mull, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003452 City of Albion, Presiding Judge Respondent. Marcus L. Abood ORDER DENYING PETITIONER’S MOTION FOR RECONSIDERATION On October 8, 2024, Petitioner filed a motion requesting that the Tribunal reconsider the Order of Dismissal (order) entered in this case on September 17, 2024.1 In the motion, Petitioner states that the petition was not mailed until June 1, 2024 due to a Tribunal e- filing outage on May 31, 2024. The Tribunal has considered the motion and the case file and finds that Petitioner has not shown good cause to reinstate the case. The deadline for the filing of Petitioner’s petition in this case was May 31, 2024.2 The Tribunal has no equitable power to waive or otherwise disregard a statutory filing deadline.3 Petitioner relies on TTR 219 in support of the Tribunal taking jurisdiction over the appeal. However, contrary to Petitioner’s assertion, the Tribunal e-filing system did not incur a systemwide outage on May 31, 2024. Any outage experienced by Petitioner was caused by another factor, and TTR 219 is not applicable in this instance to the extension of the Tribunal filing deadline. Given the above, Petitioner has failed to demonstrate a palpable error relative to the order that misled the Tribunal and the parties and that would have resulted in a different disposition if the error was corrected.4 Therefore, IT IS ORDERED that Petitioner’s Motion for Reconsideration is DENIED. This Order resolves all pending claims in this matter and closes this case. 1 The Tribunal issued notices of no action on October 14 and October 23, 2024 because Petitioner did not submit the motion filing fee or proof of service of the motion upon Respondent. Petitioner responded to the notices with the missing items, and Petitioner’s motion is therefore properly pending. 2 MCL 205.735a(6). 3 The Tribunal’s powers are limited to those authorized by statute and do not include powers of equity. See Federal-Mogul Corp v Dep’t of Treasury, 161 Mich App 346 (1987), Elec Data Sys Corp v Flint Twp, 253 Mich App 538 (2002), and VanderWerp v Plainfield Twp, 278 Mich App 624 (2008). 4 See MCR 2.119.
Page 2
MTT Docket No. 24-003452 Page 2 of 2 APPEAL RIGHTS If you disagree with the final decision in this case, you may file a claim of appeal with the Michigan Court of Appeals. If the claim is filed within 21 days of the entry of the final decision, it is an “appeal of right.” If the claim is filed more than 21 days after the entry of the final decision, it is an “appeal by leave.” A copy of the claim of appeal must be filed with the Tribunal to certify the record on appeal. There is no certification fee. By Entered: November 21, 2024 bw/jcr 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 DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON |. BROWN, DPA GOVERNOR LANSING DIRECTOR Brian Mull , MICHIGAN TAX TRIBUNAL Petitioner(s) v MTT Docket No. 24003452 City Of Albion , Respondent(s) PROOF OF SERVICE Cheryl Mull states that on 10/8/2024 he/she [Name of person serving/mailing petition] [date of service] served a copy of the Motion for Reconsideration relative to the above-captioned matter upon: [Provide name and address of the party/people being served] Daniel Curry via email: Assessor@cityofalbionmi.gov Cuff [Signature of person who-i§ serving/mailing copy] Cheryl Mult [Print/type name of person serving/mailing copy]
Page 2
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.[ % * Bay Gmail Katlyn Property management <kpmhomesi@gmail.com> Copies of tax Tribunal 1 message Katlyn Property management <kpmhomes1@gmail.com> Tue, Oct 8, 2024 at 9:24 AM To: assessor@cityofalbionmi.gov Please attached information for all three cases. if you have any questions please let me know. | = BD anes RECEIVE ocT29 200% 4 attachments 2) » 4 Sheridan Ct Tax Tribunal Amended Petition.pdf MICHIGAN TAX TRIBUNAL 409 Lombard Street Tax Tribunal Amended Petition.pdf ~ 1284K =a 1016 Austin Ave Motion of reconsideration back page.pdf 98K = 1016 Austin Ave Motion of reconsideration.pdf 397K
Page 2
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Page 3
5 x Gmail Katlyn Property management <kpmhomes 1@gmail.com> Copies of tax Tribunal 1 message Katlyn Property management <kpmhomes1@gmail.com> Tue, Oct 8, 2024 at 9:24 AM To: assessor@cityofalbionmi.gov Please attached information for all three cases. If you have any questions please let me know. Thank you Brian Mull 4 attachments m 915 Sheridan Ct Tax Tribunal Amended Petition.pdf 792K rt] 409 Lombard Street Tax Tribunal Amended Petition.pdf 1284K a 1016 Austin Ave Motion of reconsideration back page.pdf 98K = 1016 Austin Ave Motion of reconsideration.pdf 397K
Page 4
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Page 5
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| Gmail
Katlyn Property management <kpmhomes1@gmail.com>
Copies of tax Tribunal
1 message
Katlyn Property management <kpmhomes1@gmal.com>
Tue, Oct 8, 2024 at 9:24 AM
To: assessor@gcityofalbionmi.gov
Please attached information for all three cases. If you have any questions please let me know.
Thank you
Brian Mull
4 attachments
| 915 Sheridan Ct Tax Tribunal Amended Petition.pdf
792K
= 409 Lombard Street Tax Tribunal Amended Petition. pdf
1284K
= 1016 Austin Ave Motion of reconsideration back page.pdf
98K
0 4016 Austin Ave Motion of reconsideration.pdf
397KPage 6
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Page 7
. STATE OF MICHIGAN (GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON 1, BROWN, DPA GOVERNOR LANSING DIRECTOR Brian E Mull , MICHIGAN TAX TRIBUNAL Petitioner(s) v MTT Docket No.24-003620 City of Albion , Respondent(s) PROOF OF SERVICE Christina Geairn states that on 10/8/2024 he/she [Name of person serving/mailing petition] [date of service] served a copy of the amended petition relative to the above-captioned matter upon: [Provide name and address of the party/people being served] City Assesor City of Albion via email @ assessor@cityofalbion.com (see attached email) = [Sigriature of person who is serving/mailing copy] Christina Geairn [Print/type name of person serving/mailing copy]
Page 8
STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON 1, BROWN, DPA © GOVERNOR LANSING DIRECTOR Brian E Mull MICHIGAN TAX TRIBUNAL Petitioner(s) v MTT Docket No. 24-003452 City of Albion , Respondent(s} PROQF OF SERVICE Christina Geairn states that on 10/8/2024 he/she [Name of person serving/mailing petition} [date of service] served a copy of the amended petition relative to the above-captioned matter upon: [Provide name and address of the party/people being served] City Assesor Gity of Albion via email @ assessor@cityofalbion.com (see attached email) [Signatiire of person who is serving/mailing copy] Christina Geairn [Print/type name of person serving/mailing copy]
Page 9
STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON |. BROWN, DPA ‘ GOVERNOR LANSING i DIRECTOR Brian E Mull a _ MICHIGAN TAX TRIBUNAL Petitioner(s) i Co v MTT Docket No.24-003621 City of Albion , Respondent(s) PROOF OF SERVICE Christina Geairn states that on 10/8/2024 he/she [Name of person serving/mailing petition] [date of service] served a copy of the amended petition relative to the above-captioned matter upon: [Provide name and address of the party/people being served] City Assesor City of Albion via email @ assessor@cityofalbion.com (see attached email) y= Signature of person who is serving/mailing copy] Christina Geairn [Print/type name of person serving/mailing copy} cies
Page 10
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Page 1
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 Brian E Mull, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003452 City Of Albion, Respondent. NOTICE OF NO ACTION TAKE NOTICE that the Tribunal has received Petitioner's filing fee for Motion for Reconsideration (“document”). You were, however, required to file proof demonstrating the service of that document on the opposing party (“proof of service”) and no proof of service has been filed.1 As such, the document is not properly pending and no action will be taken unless the required proof of service is filed within 14 days of the issuance of this notice. If the required proof of service is not filed within 14 days, you will be required to re-file the document with the appropriate filing fee and proof that the re-filed document was served on the opposing party. Entered: October 23, 2024 By: Tribunal Clerk 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 1 See TTR 261, 219(7), and 221(12).
Page 2
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 Brian E Mull, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003452 City Of Albion, Respondent. NOTICE OF NO ACTION TAKE NOTICE that the Tribunal has received Petitioner's filing fee for Motion for Reconsideration (“document”). You were, however, required to file proof demonstrating the service of that document on the opposing party (“proof of service”) and no proof of service has been filed.2 As such, the document is not properly pending and no action will be taken unless the required proof of service is filed within 14 days of the issuance of this notice. If the required proof of service is not filed within 14 days, you will be required to re-file the document with the appropriate filing fee and proof that the re-filed document was served on the opposing party. Entered: October 23, 2024 By: Tribunal Clerk 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 2 See TTR 261, 219(7), and 221(12).
Page 3
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 Brian E Mull, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003452 City Of Albion, Respondent. NOTICE OF NO ACTION TAKE NOTICE that the Tribunal has received Petitioner's filing fee for Motion for Reconsideration (“document”). You were, however, required to file proof demonstrating the service of that document on the opposing party (“proof of service”) and no proof of service has been filed.3 As such, the document is not properly pending and no action will be taken unless the required proof of service is filed within 14 days of the issuance of this notice. If the required proof of service is not filed within 14 days, you will be required to re-file the document with the appropriate filing fee and proof that the re-filed document was served on the opposing party. Entered: October 23, 2024 By: Tribunal Clerk 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 3 See TTR 261, 219(7), and 221(12).
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Traninfo:4606 258077161 10/16/24 Chit: 5502 Ant: $25.00 1D: BRIAN HULL STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR Brian E Mull, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION \% MTT Docket No. 24-003452 Respopdent. NOTICE OF NO ACTION 9CE 0 TAKE NOTICE that ihe Tribunal has reviewed the file in the above-captioned case and finds that Petitioner has filed & Motion for Reconsideration with no filing fee. If you want the Tribunal to take action on the Motion, you are required to pay the $25.00 due and submit documentation indicating that the opposing party has been notified of that payment within 14 days. If the required filing fee is not paiu and/or the required notice is not submitted within 14 days, pau will be required to refile the Maton with the full filing fee. The refiled Motion wll he considered filed as of the date of the refiling. Unfortunately, the payment may not be made via e-fill 9 the fee, paid by check or money order, must be sent by mail or Entered: October 14, 2024 Sy: Tribunal Clerk 2 \0Vb Ash
Page 2
HILT DRS Homer, Mi 4974s U.S. POSTAGE FCM LETTER ALBION, MI 4 OCT 18, 2024 7022 2410 0003 2067 7919 $5.58 R2305K134366 10g
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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 Brian E Mull, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003452 City Of Albion, Respondent. NOTICE OF NO ACTION TAKE NOTICE that the Tribunal has reviewed the file in the above-captioned case and finds that: Petitioner has filed a Motion for Reconsideration with no filing fee. If you want the Tribunal to take action on the Motion, you are required to pay the $25.00 due and submit documentation indicating that the opposing party has been notified of that payment within 14 days. If the required filing fee is not paid and/or the required notice is not submitted within 14 days, you will be required to refile the Motion with the full filing fee. The refiled Motion will be considered filed as of the date of the refiling. Unfortunately, the payment may not be made via e-filing; the fee, paid by check or money order, must be sent by mail or designated delivery service. You must include a copy of this Notice with the required submission. Entered: October 14, 2024 By: Tribunal Clerk
Page 2
MTT Docket No. 24-003452 Page 2 of 6 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
Page 3
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 Brian E Mull, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003452 City Of Albion, Respondent. NOTICE OF NO ACTION TAKE NOTICE that the Tribunal has reviewed the file in the above-captioned case and finds that: Petitioner has filed a Motion for Reconsideration with no filing fee. If you want the Tribunal to take action on the Motion, you are required to pay the $25.00 due and submit documentation indicating that the opposing party has been notified of that payment within 14 days. If the required filing fee is not paid and/or the required notice is not submitted within 14 days, you will be required to refile the Motion with the full filing fee. The refiled Motion will be considered filed as of the date of the refiling. Unfortunately, the payment may not be made via e-filing; the fee, paid by check or money order, must be sent by mail or designated delivery service. You must include a copy of this Notice with the required submission. Entered: October 14, 2024 By: Tribunal Clerk
Page 4
MTT Docket No. 24-003452 Page 4 of 6 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
Page 5
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 Brian E Mull, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003452 City Of Albion, Respondent. NOTICE OF NO ACTION TAKE NOTICE that the Tribunal has reviewed the file in the above-captioned case and finds that: Petitioner has filed a Motion for Reconsideration with no filing fee. If you want the Tribunal to take action on the Motion, you are required to pay the $25.00 due and submit documentation indicating that the opposing party has been notified of that payment within 14 days. If the required filing fee is not paid and/or the required notice is not submitted within 14 days, you will be required to refile the Motion with the full filing fee. The refiled Motion will be considered filed as of the date of the refiling. Unfortunately, the payment may not be made via e-filing; the fee, paid by check or money order, must be sent by mail or designated delivery service. You must include a copy of this Notice with the required submission. Entered: October 14, 2024 By: Tribunal Clerk
Page 6
MTT Docket No. 24-003452 Page 6 of 6 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
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RECEIVED OCT 162024 MICHIGAN TAX TRIBUNAL STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR B rion E Ul : MICHIGAN TAX TRIBUNAL Petitioner(s) MTT Docket No, RY « OOBZYS o~ Cty of Aon Respondent(s) MOTION FOR RECONSIDERATION 1. 1 wish this Tribunal to reconsider the. © dos for IDsnus sel. 2. Good cause exists to grant reconsideration because: Please read back sud ©F Shot for wo 3. lask this Tribunal to grant my request for reconsideration. Party/Representative (sign here) Brion Mull [Print/type name of person signing] | certify that on this date | served a copy of this Motion, and any additional documentation, on the opposing party or their representative. lo/e/ ad Bis rian ya
Page 2
Twos webb Ho (pg wie Hae systum on Slat]2Y, whic was a Frictouy Ther fore. TI owl no other option Yhan Fv put Cus ph the mato as S53 was «a Friclay wv (le was mauled hry He USPS on ofc / 24 due +o he, computer Syst ®( MTT Fade. Please ceo vile R12. 1029 which altews us | (ome) day additimal - Thankyou
Page 3
R 79210212 Commencement of contested cases; motions to amend to add a subsequent tax year; election of small claims division and
entire tribunal; other filings; notice of no action.
Rule 219.
(1) A contested case is commenced by mailing, delivering, or submitting through the tribunal’s e-filing system a petition with the
appropriate filing fee within the time period prescribed by statute.
{2) A motion to amend a property tax appeal petition to include an assessment in a subsequent tax year is considered filed within the time period
prescribed by statute if it has been mailed, delivered, or submitted through the tribunal’s e-filing system with the appropriate filing fee on or
before the expiration of the applicable time period.
(3} If a petitioner files a defective petition and the tribunal is unable to determine the division of the tribunal in which the petitioner intended to
file the contested case, the petitioner is presumed to have elected to have the matter heard in the small claims division. If
a motion to transfer is
filed after the scheduling of the hearing and the motion is granted by the tribunal, the moving party shall pay all tribunal filing fees and any
reasonable costs that the tribunal determines may be incurred by the opposing party as a direct result of the transfer.
{4} Pleadings, motions, documents, and exhibits are considered filed upon mailing or delivery. Pleadings, motions, documents, and exhibits may
also be submitted through the tribunal's e-filing system. Pleadings, motions, documents, and exhibits submitted through the tribunal's e-filing
systern are considered filed upon successful submission of the pleading, motion, document, or exhibit.
LU
r
«
eadings, motions, other than
a motion to amend a —— tax — petition to include an assessment in a subsequent tax year, doctmants, and exhibits may be submitted
by email to the email address designated by the tribunal. Pleadings, motions, documents, and exhibits submitted by email to the email address
designated by the tribunal are considered filed when the email is received by the tribunal.
(5) A submission by mail is considered filed on the date indicated by the United States Postal Service postmark on the envelope containing the
submission. A submission without a postmark or with an illegible postmark is considered filed on the date the submission is received by the
tribunal. A submission by commercial delivery service is considered filed on the date the submission is given to the commercial service for
delivery to the tribunal as indicated by the receipt date on the package containing the submission. A submission by personal service is considered
filed on the date the submission is received. A submission through the tribunal's e-filing system by 11:53 p.m. on a business day is considered filed
on that business day. A submission by email to the email address designated by the tribunal by 11:53 p.m. on a business day is considered filed on
that business day. A submission on a Saturday, a Sunday, or a holiday is considered filed on the following business day, as provided by section 35a
of the tax tribunal act, MCL 205.735a.
(6) If a motion filed by mail, delivery, or through the tribunal's e-filing system is not accompanied by the required filing fee, the tribunal shall issue
a notice of no action. If a motion is submitted by email to the email address designated by the tribunal and the required filing fee is not paidPage 4
i
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U.S. POSTAGE PAID
FCM LETTER
ALBION, MI 48224
OCT 08, 2024
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Michigan Tax Tribunal
PO Bor 3043
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disdh pediThese are text excerpts, not the complete document. Text recognition and reading order can contain errors. Check the PDF for complete wording, formatting, and context.
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Page 1
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 Brian E Mull, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003452 City Of Albion, Respondent. ORDER OF DISMISSAL The Tribunal has reviewed the file in the above-captioned case and finds that: The petition was not filed by May 31 or the next business day after the Tribunal offices were closed. See MCL 205.735a(6). Therefore, IT IS ORDERED that the case is DISMISSED. This Order resolves all pending issues and closes the case. APPEAL RIGHTS If you disagree with the final decision in this case, you may file a motion for reconsideration with the Tribunal or a claim of appeal with the Michigan Court of Appeals. A motion for reconsideration must be filed with the Tribunal with the required filing fee within 21 days from the date of entry of the final decision. Because the final decision closes the case, the motion cannot be filed through the Tribunal’s web-based e-filing system; it must be filed by mail or personal service. The fee for the filing of such motions is $50.00 in the Entire Tribunal and $25.00 in the Small Claims Division, unless the Small Claims decision relates to the valuation of property and the property had a principal residence exemption of at least 50% at the time the petition was filed or the decision relates to the grant or denial of a poverty or disabled veterans exemption and, if so, there is no filing fee. You are required to serve a copy of the motion on the opposing party by mail or personal service or by email if the opposing party agrees to electronic service, and proof demonstrating that service must be submitted with the motion. Responses to motions for reconsideration are prohibited and there are no oral arguments unless otherwise ordered by the Tribunal. Alternatively, you may file a claim of appeal with the Michigan Court of Appeals. If the claim is filed within 21 days of the entry of the final decision, it is an “appeal of right.” If
Page 2
MTT Docket No. 24-003452 Page 2 of 6 the claim is filed more than 21 days after the entry of the final decision, it is an “appeal by leave.” A copy of the claim of appeal must be filed with the Tribunal to certify the record on appeal. There is no certification fee. By:___________________________________ Patricia L. Halm, Tribunal Chair Entered: September 17, 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
Page 3
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 Brian E Mull, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003452 City Of Albion, Respondent. ORDER OF DISMISSAL The Tribunal has reviewed the file in the above-captioned case and finds that: The petition was not filed by May 31 or the next business day after the Tribunal offices were closed. See MCL 205.735a(6). Therefore, IT IS ORDERED that the case is DISMISSED. This Order resolves all pending issues and closes the case. APPEAL RIGHTS If you disagree with the final decision in this case, you may file a motion for reconsideration with the Tribunal or a claim of appeal with the Michigan Court of Appeals. A motion for reconsideration must be filed with the Tribunal with the required filing fee within 21 days from the date of entry of the final decision. Because the final decision closes the case, the motion cannot be filed through the Tribunal’s web-based e-filing system; it must be filed by mail or personal service. The fee for the filing of such motions is $50.00 in the Entire Tribunal and $25.00 in the Small Claims Division, unless the Small Claims decision relates to the valuation of property and the property had a principal residence exemption of at least 50% at the time the petition was filed or the decision relates to the grant or denial of a poverty or disabled veterans exemption and, if so, there is no filing fee. You are required to serve a copy of the motion on the opposing party by mail or personal service or by email if the opposing party agrees to electronic service, and proof demonstrating that service must be submitted with the motion. Responses to motions for reconsideration are prohibited and there are no oral arguments unless otherwise ordered by the
Page 4
MTT Docket No.
Page 5
ST
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Read document text excerpt
Page 1
STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR DIRECTOR | ANSING PROPERTY TAX APPEAL PETITION FORM VALUATION / EXEMPTION / CLASSIFICATION APPEAL Do not use this form to appeal Principal Residence Exemption, Qualified Agricultural Exemption, Special Assessment, or Non-Property tax disputes. Pursuant to Michigan Tax Tribunal Rule (TTR) 277(3), you MUST submit a copy of the notice giving rise to the appeal (e.g. Board of Review Decision or Notice of Uncapping) with this Small Claims Petition, if applicable. If you do not submit this document, you may be held in default. Section 1: Petitioner's Contact information First Name _ I mI Last Name/Company Name Brian le Mi Mailing Address (No., Street, P.O. Box or Rural Route) 24717 TFT DRS City or Town | state ZIP Code Homey MI a) Telephone Number Fax Number Zea 425 ~LOYEL | E-mail Address (do not a you want MTT to send all correspondence via e-mail) ” Chey Jo (Henan. @ Qanand, «CN Section 2: Petitioner’s Attorney/Authorized Representative’s Contact Information First Name |" Last Name Firm Name (if any) Address (No., Street, P.O. Box or Rural Route) City or Town - | ZIP Code Telephone Number T Fax Number E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) Section 3: Subject Property Information How many If you are appealing more than one parcel, are they contiguous or adjoining? parcelsareyou | [] ves No** appealing? *If yes, us€ a multiple parcel form for information regarding any contiguous parcels.
Page 2
STATI OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON I. BROWN, DPA
GOVERNOR
LANSING
DIRECTOR
Section 4: Issues Being Appealed (check
aii that apply)
ghd True Cash and Taxable Value
[1 Poverty Exemption
[1 Taxable Value Only (calculation)
{J Disabled Veterans Exemption
7 Uncapping of Taxable Value
[0 Eligible Manufacturing Personal Property (ESA)
[J exemption from Taxation (other than the denial of a
[J Classification
Principal Residence or Qualified Agricultural Exemption)
oo
Section 5: Explain the Reason for this Appeal
Froperny
5
owr assessed,
BSes5SL d
€
Joxabo Value
cdo
not
refed Vv
ou tall
AS
Cosh
Valne of
Property assments Cure. oo
vs
Section 6: Jurisdictional Issues
_
Year(s) you are appealing:
.
or
i
20a
- (2023
~ appea|
from last gear)
Did you protest the assessment at a Board of Review (Bor)?
PA] Yes
One
iy Pre ce Ny
If Yes, check which BOR you attended AND attach the BOR decision: 123 March
O July
O December
if No, check the applicable reason(s):
Im! Not required to attend
O Assessment Change Notice was not received by Petitioner
O Appealing a purported Clerical Error or Mutual Mistake of Fact (if yes, include explanation in Section 5)
[lm] Appealing within 35 days of State Tax Commission OrderPage 3
STATI OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON 1. BROWN, DPA
GOVERNOR
| ANSING
DIRECTOR
Section 7: Valuation Information “use the multipte parce! form for additional, contiguous parcels.
Parcel! Identification Number:
.
10/6 AusTln
G1 009 -3]9-0f
Classification of Property:
B
Pog
(check one}
Agricultural
Congres!
Industrial
Residential
Timber-Cutover
Developmental
Utility
(check one)
Current Assessed Value (also known as State Equalized Value) as established by the BOR:
NS, T)00,
Current Taxable Value as established by the BOR:
What do you believe is the Tair market value (also known as True Cash Value)?
R500
Multiply the True Cash Value by .5 and enter here. This is your contention of Assessed Value.
If you believe the Taxable Value differs from your contention of Assessed Value, enter your contention of Taxable Value.
[/2, (00
-
Section 8: Classification Information ‘only the Mi Dep't of Treasury may appeal this Issue to the Tribunal*
Parcel identification Number:
TT
3-S1 -009-3(Q]
~0)
Current Classification
of Property as established by Board of Review:
Rea!
Personal
(check one}
Agricultural
Conuggreial
Industrial
Residential
Timber-Cutover
Developmental
Utility
(check one)
What do you believe is the property’s classification?
Real
Personal
{check one)
Agricultural
Commercial
Industrial
Residential
Timber-Cutover
Developmental
Utility
(check one)
if improved property, how is the property currently being used?
If improved properly, for what use was the property designed?Page 4
jie] ead RCz=ty STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR Fee Information Does the subject property have a Principal Residence Exemption of at least 50% as of the date of the filing of this petition? [J ves hor) No Are you appealing ONLY the denial of a Poverty Exemption or Disabled Veterans Exemption? a Yes Kno If you answered yes to either or
Page 5
Brian
These are text excerpts, not the complete document. Text recognition and reading order can contain errors. Check the PDF for complete wording, formatting, and context.
Read document text excerpt
Page 1
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 Brian E Mull, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003452 City Of Albion, 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: September 17, 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
Page 2
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 Brian E Mull, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003452 City Of Albion, 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: September 17, 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
These are text excerpts, not the complete document. Text recognition and reading order can contain errors. Check the PDF for complete wording, formatting, and context.
Read document text excerpt
Page 1
STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR DIRECTOR | ANSING PROPERTY TAX APPEAL PETITION FORM VALUATION / EXEMPTION / CLASSIFICATION APPEAL Do not use this form to appeal Principal Residence Exemption, Qualified Agricultural Exemption, Special Assessment, or Non-Property tax disputes. Pursuant to Michigan Tax Tribunal Rule (TTR) 277(3), you MUST submit a copy of the notice giving rise to the appeal (e.g. Board of Review Decision or Notice of Uncapping) with this Small Claims Petition, if applicable. If you do not submit this document, you may be held in default. Section 1: Petitioner's Contact information First Name _ I mI Last Name/Company Name Brian le Mi Mailing Address (No., Street, P.O. Box or Rural Route) 24717 TFT DRS City or Town | state ZIP Code Homey MI a) Telephone Number Fax Number Zea 425 ~LOYEL | E-mail Address (do not a you want MTT to send all correspondence via e-mail) ” Chey Jo (Henan. @ Qanand, «CN Section 2: Petitioner’s Attorney/Authorized Representative’s Contact Information First Name |" Last Name Firm Name (if any) Address (No., Street, P.O. Box or Rural Route) City or Town - | ZIP Code Telephone Number T Fax Number E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) Section 3: Subject Property Information How many If you are appealing more than one parcel, are they contiguous or adjoining? parcelsareyou | [] ves No** appealing? *If yes, us€ a multiple parcel form for information regarding any contiguous parcels.
Page 2
STATI OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON I. BROWN, DPA
GOVERNOR
LANSING
DIRECTOR
Section 4: Issues Being Appealed (check
aii that apply)
ghd True Cash and Taxable Value
[1 Poverty Exemption
[1 Taxable Value Only (calculation)
{J Disabled Veterans Exemption
7 Uncapping of Taxable Value
[0 Eligible Manufacturing Personal Property (ESA)
[J exemption from Taxation (other than the denial of a
[J Classification
Principal Residence or Qualified Agricultural Exemption)
oo
Section 5: Explain the Reason for this Appeal
Froperny
5
owr assessed,
BSes5SL d
€
Joxabo Value
cdo
not
refed Vv
ou tall
AS
Cosh
Valne of
Property assments Cure. oo
vs
Section 6: Jurisdictional Issues
_
Year(s) you are appealing:
.
or
i
20a
- (2023
~ appea|
from last gear)
Did you protest the assessment at a Board of Review (Bor)?
PA] Yes
One
iy Pre ce Ny
If Yes, check which BOR you attended AND attach the BOR decision: 123 March
O July
O December
if No, check the applicable reason(s):
Im! Not required to attend
O Assessment Change Notice was not received by Petitioner
O Appealing a purported Clerical Error or Mutual Mistake of Fact (if yes, include explanation in Section 5)
[lm] Appealing within 35 days of State Tax Commission OrderPage 3
STATI OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON 1. BROWN, DPA
GOVERNOR
| ANSING
DIRECTOR
Section 7: Valuation Information “use the multipte parce! form for additional, contiguous parcels.
Parcel! Identification Number:
.
10/6 AusTln
G1 009 -3]9-0f
Classification of Property:
B
Pog
(check one}
Agricultural
Congres!
Industrial
Residential
Timber-Cutover
Developmental
Utility
(check one)
Current Assessed Value (also known as State Equalized Value) as established by the BOR:
NS, T)00,
Current Taxable Value as established by the BOR:
What do you believe is the Tair market value (also known as True Cash Value)?
R500
Multiply the True Cash Value by .5 and enter here. This is your contention of Assessed Value.
If you believe the Taxable Value differs from your contention of Assessed Value, enter your contention of Taxable Value.
[/2, (00
-
Section 8: Classification Information ‘only the Mi Dep't of Treasury may appeal this Issue to the Tribunal*
Parcel identification Number:
TT
3-S1 -009-3(Q]
~0)
Current Classification
of Property as established by Board of Review:
Rea!
Personal
(check one}
Agricultural
Conuggreial
Industrial
Residential
Timber-Cutover
Developmental
Utility
(check one)
What do you believe is the property’s classification?
Real
Personal
{check one)
Agricultural
Commercial
Industrial
Residential
Timber-Cutover
Developmental
Utility
(check one)
if improved property, how is the property currently being used?
If improved properly, for what use was the property designed?Page 4
jie] ead RCz=ty STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR Fee Information Does the subject property have a Principal Residence Exemption of at least 50% as of the date of the filing of this petition? [J ves hor) No Are you appealing ONLY the denial of a Poverty Exemption or Disabled Veterans Exemption? a Yes Kno If you answered yes to either or
Page 5
Brian
These are text excerpts, not the complete document. Text recognition and reading order can contain errors. Check the PDF for complete wording, formatting, and context.