Brian Gabel, Petitioner V City Of Novi, Respondent
- Petitioner
- Brian Gabel
- Respondent
- City Of Novi
Case overview
- Docket number
- 25-003082-TT
- Status
- Disposed
- CaseType
- SC Property
- Division
- Small Claims Division
- County
- Oakland
- Judge
- No judge assigned
Docket history
| Line # | Subject | Filer | Line Ref | Enter Date/Post Mark | Fee | Related Item |
|---|---|---|---|---|---|---|
| 6 | Order of Dismissal | Not recorded | Not recorded | 10/03/2025 | Not recorded | Download |
| 5 | Petition has been verified | PET | 1 | 10/03/2025 | Not recorded | Download |
| 4 | Notice of Docket Number SC | Not recorded | Not recorded | 10/03/2025 | Not recorded | Download |
| 3 | Documentation | PET | Not recorded | 08/04/2025 | Not recorded | Download |
| 2 | Attachments to the Petition were filed | Not recorded | Not recorded | 08/03/2025 | Not recorded | Download |
| 1 | A petition was received. | PET | Not recorded | 08/03/2025 | Not recorded | Download |
Documents
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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 Gabel, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 25-003082 City Of Novi, Respondent. ORDER OF DISMISSAL The Tribunal has reviewed the file in the above-captioned case and finds that: The petition was not filed by July 31 or the next business day after the Tribunal offices were closed. See MCL 205.735a(6). As such, and inasmuch as the Tribunal has no equitable power to waive or otherwise disregard statutory filing requirements and deadlines, it has no authority to hear the appeal or grant the relief requested. See Sixarp, LLC v Byron Twp, __Mich__; __NW3d__ (2025). 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.
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MTT Docket No. 25-003082 Page 2 of 6 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 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: October 3, 2025 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 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 Gabel, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 25-003082 City Of Novi, Respondent. ORDER OF DISMISSAL The Tribunal has reviewed the file in the above-captioned case and finds that: The petition was not filed by July 31 or the next business day after the Tribunal offices were closed. See MCL 205.735a(6). As such, and inasmuch as the Tribunal has no equitable power to waive or otherwise disregard statutory filing requirements and deadlines, it has no authority to hear the appeal or grant the relief requested. See Sixarp, LLC v Byron Twp, __Mich__; __NW3d__ (2025). 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.
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MTT Docket No. 25-003082 Page 4 of 6 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 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.
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STATE OF
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MTT Docket
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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 VALUATION / EXEMPTION / CLASSIFICATION APPEAL MOAHR DOCKET NO. 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 Filer Type: Individual First Name Brian M.I. Last Name/Company Name Gabel Mailing Address (No., Street, P.O. Box or Rural Route) 1250 E Lake Dr City or Town Novi State Michigan ZIP Code 48377 Telephone Number 313-806-1951 Fax Number E-mail Address bgabel2@ford.com Section 2: Petitioner’s Attorney/Authorized Representative’s Contact Information First Name M.I. Last Name Firm Name (if any) Address (No., Street, P.O. Box or Rural Route) City or Town State Michigan ZIP Code Telephone Number Fax Number E-mail Address Section 3: Subject Property Information 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] 1250 E Lake Dr
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STATE OF MICHIGAN
GRETCHEN WHITMER
GOVERNOR
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
LANSING
ORLENE HAWKS
DIRECTOR
Novi
Michigan
48377
Taxing Authority (City or Township)
City Of Novi (OAKLAND)
County
Oakland
Section 4: Issues Being Appealed (check all that apply)
True Cash and Taxable Value, Uncapping of Taxable Value
Section 5: Explain the Reason for this Appeal
Three reasons for appeal...
1) A new garage was built with a second floor for storage. It was assessed as "75% good"; where 100% is fully finished living space ("Overhang"). It should be
more typical of storage / garage space, at 10 to 15% of livable space.
a) the garage, including the second floor, is not finished (bare floor, studs, and rafters)
b) the garage, including second floor, has no electricity, heat, or plumbing. It will have electricity when it is
complete, but does not have it yet.
c) During project planning, I talked to two assessors at the City of Novi in 2020 (Stacy) and 2021 (Darin)
before planning our project and was informed that an unfinished space used for storage above the
garage would be taxed at "much less than living space".
2) A few details in the assessment are incorrect...
a) shows 592 sq ft finished basement, but only 336 sq ft is actually finished
b) shows heated sunroom (CGEP), but it is not actually heated (not living space)
C) shows a built-in microwave but we don't have one
3) Other items were uncapped from the IRM that have not changed since we owned the house in 2010
(sunroom, finished basement, brick patio, balconies).
Section 6: Jurisdictional Issues
Year(s) you are appealing:
2025
Did you protest the assessment at a Board of Review (BOR)? Yes
If Yes, check which BOR you attended AND upload the BOR decision: March
If No, check the applicable reason(s):
Did you request a Poverty Exemption at the BOR?
If Yes, check which BOR considered your application AND upload the BOR decision:
March July December
If No, explain why:
Section 7: Valuation Information *Use the multiple parcel form for additional, contiguous parcels.
Parcel Identification Number: 50-22-02-151-016
Classification of Property:
Real
ResidentialPage 3
STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR Current Assessed Value (also known as State Equalized Value) as established by the BOR: 392010 Current Taxable Value as established by the BOR: 278830 What do you believe is the fair market value (also known as True Cash Value)? 658947 Multiply the True Cash Value by .5 and enter here. This is your contention of Assessed Value (also known as State Equalized Value). 329473.5 If you believe the Taxable Value differs from your contention of Assessed Value, enter your contention of Taxable Value. 225316 Section 8: Classification Information *Only the MI Dep’t of Treasury may appeal this issue to the Tribunal* Parcel Identification Number: Current Classification of Property as established by Board of Review: What do you believe is the property’s classification? If improved property, how is the property currently being used? If improved property, for what use was the property designed? 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? Yes Are you appealing ONLY the denial of a Poverty Exemption? No If you answered yes to either or both of these questions, you are not required to pay any filing fees. The filing fee is based on the greater of the 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, not to exceed a total filing fee of $1,000. If your property is residential property (see MCL 205.762) and the State Equalized Value or Taxable Value in contention is: Filing Fee is: $100,000.00 and under $125.00 $100,000.01 to $500,000.00 $200.00 $Over $500,000.00 $300.00 If your property is NOT residential property (see MCL 205.762) and the State Equalized Value or Taxable Value in contention is: Filing Fee is: $100,000.00 and under $250.00 * Plus $25.00 for each additional parcel, as indicated above. If your property is NOT residential property and the State Equalized Value or Taxable
Page 4
STATE
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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 Gabel, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 25-003082 City Of Novi, 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 281. 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: October 3, 2025 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 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 Gabel, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 25-003082 City Of Novi, 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 281. 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: October 3, 2025 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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I aempted to fill out the Tax Tribunal Property Tax Appeal Peon mulple mes prior to the deadline of July 31. Unfortunately, the online eFile system connually reset to the login screen at random mes during the process to submit the form. I checked all PC system requirements, tried mulple web browsers, and aempted to fill it out on an iPhone. None of these worked… all would default back to the login screen somewhere during the process. I sent an email to the Tax Tribunal explaining the situation on July 31, then attempted to upload again on Aug 1 and Aug 2, but the eFile system was still not working properly. Finally, on Aug 3, I was able to complete the full eFile form, and upload my City’s 2025 BOR Review decision. Please accept my eFiled forms which were input on Aug 3, based on the prior issues I had with uploading the information. Thanks, Brian Gabel 1250 E Lake Dr Novi, MI 48377
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(edly OF 2025 BOARD OF REVIEW DECISION FROM . City of Novi Assessing Dept. 45175 Ten Mile Rd. Novi, MI 48375 03/20/2025 i NOVI NAME AND ADDRESS OF OWNER OR PERSON NAMED ON ASSESSMENT | PROPERTY IDENTIFICATION: (Parcel Code required. Property ROLL: | address and legal description optional.): 50-22-02-151-016 1250 EAST LAKE DR GABEL, BRIAN & NICOLE TRUST 1250 EAST LAKE DR Novi M1 48377 TIN, RSE, SEC 2 SUPERVISOR'S PLAT NO 1 LOT 1 a —— ————————————— —— ———— —- — THIS PROPERTY IS CLASSIFIED AS: 401 (RESIDENTIAL-IMPROVED) PETITION NO.: 226 2025 ORIGINAL ASSESSED VALUE 400,990 2025 ORIGINAL TAXABLE VALUE 287,810 The Board of Review has reviewed your 2025 appeal and has made the following decision: 2025 POST BOARD OF REVIEW ASSESSED VALUE 392,010 2025 POST BOARD OF REVIEW TAXABLE VALUE 278,830 2025 % PRINCIPAL RESIDENCE EXEMPTION / QUALIFIED AG 100.0000 ADJMV Reason: Brought to market value. If you disagree with the Board of Review's decision regarding the 2025 assessed value of your propetry, further appeal may be made to the Michigan Tax Tribunal by filing a petition with them, found at www.michigan.gov/taxtrib, prior to the annual deadline. There is a filing deadline of May 31 for Commercial Real, Industrial Real, Developmental Real, Commercial Personal, Industrial Personal, and Utility Personal Property. There is a filing deadline of July 31 for Residential Real, Agricultural Real, Timber-Cutover Real, and Agricultural Personal Property. Taxpayers who do not have access to the internet may call (248) 347-0485 or stop by the City of Novi Assessing Department to obtain a petition. Property Classification appeals ONLY may be appealed to the State Tax Commission at: State Tax Commission Classification Appeals P.O. Box 30471 Lansing, MI 48909
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Page 1
STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR PROPERTY TAX APPEAL PETITION FORM VALUATION / EXEMPTION / CLASSIFICATION APPEAL MOAHR DOCKET NO. 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 Filer Type: Individual First Name Brian M.I. Last Name/Company Name Gabel Mailing Address (No., Street, P.O. Box or Rural Route) 1250 E Lake Dr City or Town Novi State Michigan ZIP Code 48377 Telephone Number 313-806-1951 Fax Number E-mail Address bgabel2@ford.com Section 2: Petitioner’s Attorney/Authorized Representative’s Contact Information First Name M.I. Last Name Firm Name (if any) Address (No., Street, P.O. Box or Rural Route) City or Town State Michigan ZIP Code Telephone Number Fax Number E-mail Address Section 3: Subject Property Information 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] 1250 E Lake Dr
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STATE OF MICHIGAN
GRETCHEN WHITMER
GOVERNOR
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
LANSING
ORLENE HAWKS
DIRECTOR
Novi
Michigan
48377
Taxing Authority (City or Township)
City Of Novi (OAKLAND)
County
Oakland
Section 4: Issues Being Appealed (check all that apply)
True Cash and Taxable Value, Uncapping of Taxable Value
Section 5: Explain the Reason for this Appeal
Three reasons for appeal...
1) A new garage was built with a second floor for storage. It was assessed as "75% good"; where 100% is fully finished living space ("Overhang"). It should be
more typical of storage / garage space, at 10 to 15% of livable space.
a) the garage, including the second floor, is not finished (bare floor, studs, and rafters)
b) the garage, including second floor, has no electricity, heat, or plumbing. It will have electricity when it is
complete, but does not have it yet.
c) During project planning, I talked to two assessors at the City of Novi in 2020 (Stacy) and 2021 (Darin)
before planning our project and was informed that an unfinished space used for storage above the
garage would be taxed at "much less than living space".
2) A few details in the assessment are incorrect...
a) shows 592 sq ft finished basement, but only 336 sq ft is actually finished
b) shows heated sunroom (CGEP), but it is not actually heated (not living space)
C) shows a built-in microwave but we don't have one
3) Other items were uncapped from the IRM that have not changed since we owned the house in 2010
(sunroom, finished basement, brick patio, balconies).
Section 6: Jurisdictional Issues
Year(s) you are appealing:
2025
Did you protest the assessment at a Board of Review (BOR)? Yes
If Yes, check which BOR you attended AND upload the BOR decision: March
If No, check the applicable reason(s):
Did you request a Poverty Exemption at the BOR?
If Yes, check which BOR considered your application AND upload the BOR decision:
March July December
If No, explain why:
Section 7: Valuation Information *Use the multiple parcel form for additional, contiguous parcels.
Parcel Identification Number: 50-22-02-151-016
Classification of Property:
Real
ResidentialPage 3
STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR Current Assessed Value (also known as State Equalized Value) as established by the BOR: 392010 Current Taxable Value as established by the BOR: 278830 What do you believe is the fair market value (also known as True Cash Value)? 658947 Multiply the True Cash Value by .5 and enter here. This is your contention of Assessed Value (also known as State Equalized Value). 329473.5 If you believe the Taxable Value differs from your contention of Assessed Value, enter your contention of Taxable Value. 225316 Section 8: Classification Information *Only the MI Dep’t of Treasury may appeal this issue to the Tribunal* Parcel Identification Number: Current Classification of Property as established by Board of Review: What do you believe is the property’s classification? If improved property, how is the property currently being used? If improved property, for what use was the property designed? 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? Yes Are you appealing ONLY the denial of a Poverty Exemption? No If you answered yes to either or both of these questions, you are not required to pay any filing fees. The filing fee is based on the greater of the 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, not to exceed a total filing fee of $1,000. If your property is residential property (see MCL 205.762) and the State Equalized Value or Taxable Value in contention is: Filing Fee is: $100,000.00 and under $125.00 $100,000.01 to $500,000.00 $200.00 $Over $500,000.00 $300.00 If your property is NOT residential property (see MCL 205.762) and the State Equalized Value or Taxable Value in contention is: Filing Fee is: $100,000.00 and under $250.00 * Plus $25.00 for each additional parcel, as indicated above. If your property is NOT residential property and the State Equalized Value or Taxable
Page 4
STATE
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.