Cecelia A Hess, Petitioner V City Of St Joseph, Respondent
- Petitioner
- Cecelia A Hess
- Respondent
- City Of St Joseph
Case overview
- Docket number
- 24-003677-TT
- Status
- Disposed
- CaseType
- SC Property
- Division
- Small Claims Division
- County
- Berrien
- Judge
- Grinnell, Jason C.
Docket history
| Line # | Subject | Filer | Line Ref | Enter Date/Post Mark | Fee | Related Item |
|---|---|---|---|---|---|---|
| 15 | Final Opinion and Judgment | Not recorded | Not recorded | 06/17/2025 | Not recorded | Download |
| 14 | Hearing Results | Not recorded | 13 | 06/11/2025 | Not recorded | Not recorded |
| 13 | Hearing Completed | Not recorded | Not recorded | 06/09/2025 | Not recorded | Not recorded |
| 12 | Notice of Hearing | Not recorded | Not recorded | 04/07/2025 | Not recorded | Download |
| 11 | A hearing has been scheduled | Not recorded | Not recorded | 04/07/2025 | Not recorded | Not recorded |
| 10 | Notice of Filing | Not recorded | Not recorded | 12/06/2024 | Not recorded | Download |
| 9 | Proof of Service | RESP | Not recorded | 10/17/2024 | Not recorded | Download |
| 8 | Evidence was received. | RESP | Not recorded | 10/17/2024 | Not recorded | Download |
| 7 | Amended Answer | RESP | Not recorded | 10/10/2024 | Not recorded | Download |
| 6 | Proof of Service | RESP | Not recorded | 10/09/2024 | Not recorded | Download |
| 5 | Evidence was received. | RESP | Not recorded | 10/09/2024 | Not recorded | Download |
| 4 | Answer was received | Not recorded | Not recorded | 10/09/2024 | Not recorded | Download |
| 3 | Petition has been verified | PET | 1 | 10/08/2024 | Not recorded | Download |
| 2 | Notice of Docket Number SC | Not recorded | Not recorded | 10/08/2024 | Not recorded | Download |
| 1 | A petition was received. | PET | Not recorded | 07/11/2024 | $200.00 | Download |
Documents
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR MICHIGAN TAX TRIBUNAL · 611 W. OTTAWA ST., LANSING, MI 48933 · 517-335-9760 PO BOX 30232, LANSING, MI 48909 · Other Carriers: 2407 N. GRAND RIVER AVE., LANSING, MI 48906 Cecelia A Hess, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION MTT Docket No. 24-003677 v Case Type: Valuation City of St. Joseph, Presiding Judge Respondent. Jason C. Grinnell FINAL OPINION AND JUDGMENT Location of Hearing: Berrien County, Michigan Hearing Held on: June 6, 2025 Appearances on Behalf of Petitioner: Cecelia Hess and Adam Wolf Appearances on Behalf of Respondent: Michele Bennett, Assessor SUMMARY OF JUDGMENT The subject property’s true cash value (TCV), state equalized value (SEV), and taxable value (TV), for the tax year at issue, are as follows: Parcel Number: 11-76-5080-0015-00-1 Year TCV SEV TV 2024 $280,000 $140,000 $140,000 2025 $308,000 $154,000 $144,340 PROCEDURAL HISTORY Petitioner was required to protest the subject property’s assessment to the Board of Review (BOR). Petitioner protested the subject property’s assessment to the 2024 March BOR. The BOR declined to lower the assessment for the subject property. Petitioner filed a petition with the Tribunal on July 11, 2024, and Respondent filed its answer on October 9, 2024. The amount of the SEV or TV in dispute, as set forth in the pleadings, for all tax years at issue is within the jurisdictional limits of the Small Claims Division.1 Further, the property’s assessment for subsequent tax years is included in this proceeding.2 1 See MCL 205.762(1). 2 See MCL 205.737(5)(b).
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MTT Docket No. 24-003677 Page 2 of 7 ISSUES AND APPLICABLE LAW The issues in this matter are: 1. Whether the subject property is assessed in excess of 50% of its TCV. “The petitioner has the burden of proof in establishing the true cash value of the property.”3 The assessment of real property in Michigan shall not exceed 50% of its TCV.4 “True cash value” means “the usual selling price . . . .”5 “True cash value” means “fair market value.”6 The Tribunal is required to make an independent determination of TCV.7 “[T]he tribunal is not bound to accept either of the parties’ theories of valuation. It may accept one theory and reject the other, it may reject both theories, or it may utilize a combination of both in arriving at its determination.”8 The Tribunal is required to select the valuation methodology that is accurate and bears a reasonable relationship to the property’s TCV.9 2. Whether the TV exceeds the amount provided by MCL 211.27a. MCL 211.27a provides that a property’s TV is the lesser of the property’s SEV or capped TV, and a property’s capped TV is, absent a transfer of ownership, determined mathematically by taking into consideration the prior tax year’s TV, statutory losses, the lesser of the rate of inflation or 5%, and statutory additions, including omitted property (i.e., property not previously assessed).10 Pursuant to R 792.10133, after hearing, the Tribunal must issue a final decision in writing. Additionally, “[a] written final decision shall include separate sections entitled “findings of fact” and “conclusions of law.’” Findings of fact “shall include a concise statement of the underlying supporting facts” that are “based exclusively on the evidence.”11 Consequently, the Tribunal has not addressed every piece of evidence or every inference that might lead to a conflicting conclusion and has rejected evidence contrary to its findings. Furthermore, “[e]ach conclusion of law shall be supported by authority or reasoned opinion.”12 Accordingly, the Tribunal will outline the summary of 3 MCL 205.737(3); see also Kern v Pontiac Twp, 93 Mich App 612, 620; 287 NW2d 603 (1979). 4 Michigan Const 1963, art IX, sec 3. 5 MCL 211.27(1). 6 CAF Investment Co v State Tax Comm, 392 Mich 442, 450; 221 NW2d 588 (1974). 7 See Jones & Laughlin Steel Corp v City of Warren, 193 Mich App 348; 483 NW2d 416 (1992). 8 Id. at 356. 9 See Safran Printing Co v Detroit, 88 Mich App 376; 276 NW2d 602 (1979). 10 See MCL 211.34d. 11 See also MCR 2.517(a). 12 Id.
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MTT Docket No. 24-003677 Page 3 of 7 evidence, findings of facts, and conclusions of law, before ultimately rendering judgment. SUMMARY OF EVIDENCE A. Petitioner’s Evidence Petitioner’s contentions of TCV, SEV and TV: Parcel Number: 11-76-5080-0015-00-1 Year TCV SEV TV 2024 $220,000 $110,000 $110,000 The exhibits offered by Petitioner may be viewed on line 1 of the docket maintained in this case.13 No exhibits were excluded from evidence. Based on the pleadings, admitted exhibits, and sworn testimony, Petitioner contends that the subject property is over assessed and
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MTT
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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 Cecelia A Hess, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No.: 24-003677 City Of St Joseph, Respondent. NOTICE OF IN-PERSON HEARING The Tribunal has scheduled a hearing to be conducted in-person as follows. Hearings are generally 30 minutes in length. HEARING DATE: June 6, 2025 HEARING TIME: 11:15 AM EST HEARING LOCATION: Berrien County Otto Grau Room 701 Main Street, St. Joseph, MI 49085 This is an important legal document. Please have someone translate the document. Este es un documento legal importante. Por favor, haga traducir este documento. এটি একটি গুরুত্বপূর্ণ আইনি দলিল, অনুগ্রহ করে কেউ দলিলটিকে অনুবাদ করুন। .ةقيثولا مجرتت صخش كيدل ىجري ةماه ةينوناق ةقيثو وه اذه Ito ay isang mahalagang legal na dokumento. Mangyari lamang na magkaroon ng isang tao isalin ang dokumento.
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MTT Docket No. 24-003677 Page 2 of 13 HEARING INFORMATION – PLEASE READ IMMEDIATELY GENERAL INFORMATION: An impartial hearing will be conducted in accordance with the Michigan Tax Tribunal Rules (R 792.10201-R 792.10297) and the Michigan Administrative Procedures Act, MCL 24.201 et seq. The Michigan Rules of Evidence and the Michigan Court Rules may be applicable. A party is expected to exercise proper respect and courtesy toward other parties, witnesses and administrative law judges, which includes attending the hearing on time, silencing cell phones, and dressing in appropriate clothing for in-person hearings. The hearing may be recorded for notetaking purposes, but the recording is not a formal record, unless otherwise provided for by the Tribunal. REPRESENTATION: You may have an attorney or anyone else of your choice represent you at the hearing. The Tribunal does not recommend or appoint representatives for you and will not pay for your representative. WITNESSES: You may have anyone join you at the hearing to speak in support of your case. However, the time to present your case is limited and additional time may not be provided to accommodate witness testimony. DOCUMENTATION: Parties are required to submit all documents in support of their contentions to the Tribunal and the opposing party at least 21 days before the hearing date even if the documents were previously submitted to the local Board of Review or the Michigan Department of Treasury. If the documents are not timely submitted to the Tribunal and the opposing party, the documents may be excluded. Documents may be submitted by mail or through the Tribunal’s e-filing system. Documents may be sent to the opposing party by mail or by e-mail, if the parties agree to submission by e-mail. If sent by mail, the documents must be sent to the opposing party or their authorized representative at the address identified in the petition or answer for that party or authorized representative, unless the party or authorized representative filed an appearance or other documentation identifying a different mailing address. The documents do not need to be resubmitted after the Notice of Hearing if they were previously submitted to the Tribunal and the opposing party. If a hearing had previously been scheduled in this case and adjourned, and the adjournment order indicates that the parties are precluded from submitting any further documentary evidence, no further documentary evidence will be accepted even if filed and exchanged, as indicated above. Inclusion of Subsequent Tax Years: Subsequent tax year assessments are automatically included in a valuation appeal once the assessment has been established for that tax year unless the Tribunal grants the exclusion of the subsequent tax year. For purposes of administrative efficiency, the Tribunal considers this date April 1st. As such, the parties should be prepared to discuss all additional assessments at hearings to be conducted on or after April 1st. If the hearing is to be conducted prior to April 1st, taxpayers would be required to file a new petition and, if necessary, protest the subsequent tax year assessment at the March Board of Review for that tax year. MOTIONS/REQUESTS: A motion is a written request filed by a party asking the Tribunal to take certain action. The following motions and requests (including subpoenas) may be filed by either party regarding the scheduled hearing. Motions and requests may be submitted by mail or through the Tribunal’s “e-filing” system, if available. If a motion or request is not granted or the Tribunal has not notified you that it has been granted, you are required to attend the hearing. 1. Motion to Adjourn: A party may request the hearing be rescheduled (i.e. adjourned). The motion must be submitted to the Tribunal and the opposing party at
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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 Cecelia A Hess, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003677 City Of St Joseph, Respondent. NOTICE OF FILING TAKE NOTICE that a Small Claims answer has been filed and the electronic copy of the answer can be reviewed by utilizing the Docket Lookup on the Tribunal’s website. Unless Respondent was defaulted, this case is ready to be scheduled for a Small Claims hearing and will be scheduled in the normal course of scheduling. You will receive a Notice of Hearing from the Tribunal by e-mail if you have identified an email address in the petition or other documentation. The Notice of Hearing will inform you of the date, time, and location of your hearing (note that your hearing will likely be conducted by telephone). Please read the Notice of Hearing as it includes important information. EVIDENCE: Parties are required to submit all evidence to the Tribunal and send a copy to the opposing party at least 21 days before the hearing date even if the documents had been submitted to the local Board of Review or the Michigan Department of Treasury. If the documents are not timely submitted to the Tribunal and served on the opposing party, the documents may be excluded. Documents may be filed with the Tribunal by mail or through the Tribunal’s e-filing system. Documents may be sent to the opposing party by mail or by e-mail, if the parties agree to service by e-mail. Alternate Dispute Resolution Options INFORMAL SETTLEMENT CONFERENCE: Parties have the option of handling this case through an informal settlement conference. An informal settlement conference is a meeting between the parties and/or their representatives to discuss the issues in a case in an effort to settle the case. This process may be an alternative to a hearing with a judge and may result in the parties’ filing a Joint Stipulation for Entry of Consent Judgment. Visit the Tribunal’s ADR webpage for more information. MEDIATION: Parties have the option of handling this case through mediation. Mediation is a voluntary process where a mediator facilitates communication between the parties, assists in identifying issues, and helps explore solutions to promote a mutually acceptable settlement. This process may be an alternative to a hearing with a judge and may result in the parties’ filing a Joint Stipulation for Entry of Consent Judgment. Visit the Tribunal’s ADR webpage for more information.
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MTT Docket No. 24-003677 Page 2 of 7 If you have any questions, please contact the Tribunal by phone at (517) 335-9760 or email taxtrib@michigan.gov. By: Tribunal Clerk Entered: December 6, 2024 PROOF OF SERVICE I certify that a copy of the foregoing was sent on the entry date indicated above to the parties or their attorneys or authorized representatives, if any, utilizing either the mailing or email addresses on file, as provide by those parties, attorneys, or authorized representatives. By: Tribunal Clerk
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Cecelia A Hess 2800 S. State St. St. Joseph , MI 49085
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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 Cecelia A Hess, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003677 City Of St Joseph, Respondent. NOTICE OF FILING TAKE NOTICE that a Small Claims answer has been filed and the electronic copy of the answer can be reviewed by utilizing the Docket Lookup on the Tribunal’s website. Unless Respondent was defaulted, this case is ready to be scheduled for a Small Claims hearing and will be scheduled in the normal course of scheduling. You will receive a Notice of Hearing from the Tribunal by e-mail if you have identified an email address in the petition or other documentation. The Notice of Hearing will inform you of the date, time, and location of your hearing (note that your hearing will likely be conducted by telephone). Please read the Notice of Hearing as it includes important information. EVIDENCE: Parties are required to submit all evidence to the Tribunal and send a copy to the opposing party at least 21 days before the hearing date even if the documents had been submitted to the local Board of Review or the Michigan Department of Treasury. If the documents are not timely submitted to the Tribunal and served on the opposing party, the documents may be excluded. Documents may be filed with the Tribunal by mail or through the Tribunal’s e-filing system. Documents may be sent to the opposing party by mail or by
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STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN ADMINISTRATIVE HEARING SYSTEM MICHIGAN TAX TRIBUNAL Hess, Robert & Cecelia Petitioner v MTT Docket No. 24-003677 CITY OF SAINT JOSEPH, Respondent PROOF OF SERVICE Michele M. Bennett states that on October 17, 2024 she served a copy of the 2024 Aerial relative to the above-captioned matter by mail and email upon: Hess, Robert & Cecelia 2800 S State St St. Joseph, Mi. 49085 State of Michigan Department of Licensing & Regulatory Affairs Michigan Tax Tribunal 611 Ottawa St PO Box 30232 Lansing, Mi. 48909 IG. Eu Michele M. Bennett, City Assessor
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Beacon” Berrien County, Ml 11-76:7300-0008-00-7, a ren 8 9 11-76-1 7000026008 } 29999:99:9 El cpr 11:76-5080%0010:00-0 11-76-5080-001 3100-9 | 11-76-5080-0011-00-6 Parcel ID 11-76-5080-0015-00-1 Alternate ID n/a Owner Address HESS ROBERT Sec/Twp/Rng n/a Class 401 HESS CECELIA Property Address 2800S STATE ST Acreage n/a 2800S STATE ST SAINT JOSEPH SAINT JOSEPH, M1 49085 District 11020 Brief Tax Description LOT 15 REPLAT OF MORSE'S SUB OF N1/2 OF LOT 7 GARDS ADD TO CITY OF ST JOSEPH (Note: Not to be used on legal documents)
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR PROPERTY TAX APPEAL ANSWER FORM VALUATION / EXEMPTION / CLASSIFICATION APPEAL MOAHR DOCKET NO. 24-003677 Section 1: Respondent’s Contact Information Filer Type: Local Unit of Government City Of St Joseph (BERRIEN) First Name Michele M.I. M Last Name/Company Name/Unit of Government Bennett Mailing Address (No., Street, P.O. Box or Rural Route) 700 Broad St City or Town St Joseph State Michigan ZIP Code 49085 Telephone Number 269-983-1231 Fax Number 269-985-0347 E-mail Address mbennett@sjcity.com Section 2: Respondent’s Attorney/Authorized Representative’s Contact Information First Name Michele M.I. M Last Name Bennett Firm Name (if any) St. Joseph City Address (No., Street, P.O. Box or Rural Route) 700 Broad St City or Town St. Joseph State Michigan ZIP Code 49085 Telephone Number 2699831231 Fax Number 269-985-0347 E-mail Address mbennett@sjcity.com Section 3: Subject Property Information Does the subject property have a Principal Residence Exemption of 50% or more? Yes Are the parcels listed by Petitioner contiguous or adjoining? If not, list which parcels adjoin one another. N/A Section 4: Explain Your Answer to this Appeal 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, Notice of Uncapping, or Assessment Change Notice) with this Small Claims Answer, if applicable. If you do not submit this document, you may be held in default.
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR Sec 1. Respondent admits the allegations in section 1 of the Petition. Sec 2. NA Sec 3. Respondent admits the allegations in section 3 of the Petition. Sec 4. Respondent admits the allegations in section 4 of the Petition. Sec 5. Respondent denies that Petitioner's contention of value in section 5 is accurate or supportable. The 2024 assessed value and taxable value established by the City of St. Joseph is calculated using the Cost Approach Method and the use of Sales Studies Analysis for land and ECF calculations. The 2024 MBOR assessment was determined to be fair and equitable. Sec 6. Respondent admits the allegations in section 6 of the Petition. Sec 7. Respondent denies that Petitioner's contention of value in section 7 is accurate or supportable. Sec 8. Respondent admits the allegations in section 8 of the Petition. Also NA Section 5: Jurisdictional Issues IF PETITIONER IS APPEALING THE TRUE CASH AND/OR TAXABLE VALUES Did Petitioner protest the assessment at a Board of Review (BOR)? Yes If yes, check which BOR Petitioner attended: March If no, was the Notice of Assessment properly sent to Petitioner prior to the March BOR? March*Submit a copy of the Notice of Assessment with the Answer. If the July or December BOR revised the assessment(s) at issue, did it have authority? If yes, cite the Board’s authority. Was the assessment(s) at issue established as the result of a clerical error or mutual mistake of fact? No If yes, explain. Is Petitioner appealing from a State Tax Commission Order? If so, what is the issue date? Mi IF PETITIONER IS APPEALING THE UNCAPPING OF TAXABLE VALUE When was the Notice of Uncapping, if applicable, issued? Under what statutory section was the Taxable Value uncapped? IF PETITIONER IS APPEALING THE DENIAL OF A POVERTY EXEMPTION Did Petitioner request a Poverty Exemption at a BOR? If Yes, check which BOR Petitioner attended: List the date the BOR denied Petitioner’s Poverty Exemption:
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR IF PETITIONER IS APPEALING THE DENIAL OF AN EXEMPTION OTHER THAN POVERTY, PRINCIPAL RESIDENCE, OR QUALIFIED AGRICULTURAL EXEMPTIONS Did Petitioner request the exemption at the BOR? If Yes, check which BOR Petitioner attended: Tax Year(s) denied: List the date the exemption was denied: What statutory section did Petitioner request the subject property be exempt? IF PETITIONER IS APPEALING THE CLASSIFICATION OF PROPERTY What do you believe the classification should be: Section 6: Valuation Information *Use the multiple parcel form for additional, contiguous parcels. Parcel Identification Number: 11-76-5080-0015-00-1 Classification of Property: Real Residential Current Assessed Value (also known as State Equalized Value) as established by the BOR: 152,500 Current Taxable Value as established by the BOR: 152,500 What do you believe is the fair market value (also known as True Cash Value)? 304,988 Multiply the True Cash Value by. 5 and enter here. This is your contention of Assessed Value. 152,500 If you believe the Taxable Value differs from your contention of Assessed Value, enter your contention of Taxable Value. Electronic Signature *Typing your name below will serve as your signature Respondent or
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STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN ADMINISTRATIVE HEARING SYSTEM MICHIGAN TAX TRIBUNAL HESS, ROBERT & CECELIA Petitioner v MTT Docket No. 24-003677 CITY OF SAINT JOSEPH, Respondent PROOF OF SERVICE Michele M. Bennett states that on October 9 she served a copy of the Respondent Answer and an Evidence List along with 8 items of Evidence relative to the above-captioned matter by mail and email upon: Hess, Robert & Cecelia 2800 S State St. St. Joseph, Mi. 49085 State of Michigan Department of Licensing & Regulatory Affairs Michigan Tax Tribunal 611 Ottawa St PO Box 30232 Lansing, Mi. 48909 “Neda d es Wo Biswna tds "Michele M. Bennett, City Assessor
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October 9, 2024 Michigan Tax Tribunal Small Claims Division 611 W Ottawa St. PO Box 30232 Lansing, Mi. 48909 To Whom It May Concern: Items included in this document are evidence for MOAHR Docket No.: 24-003677 (Hess, Robert & Cecelia) Original 2024 Record Card Original 2024 Valuation Report Original 2024 House Sketch 2024 Assessment Change Notice 2024 Petition to MBOR 2024 MBOR Decision 2024 Land Value Neighborhood Study- RES 1 Average 2024 ECF Neighborhood Study: RES 3-8 (Southtown) 00 lich 0 B10 or Sincerely, reales Brant Michele M Bennett St. Joseph City Assessor
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Printed
on
10/08/2024
Parcel
Number:
11-76-5080-0015-00-1
Jurisdiction:
City
of
St.
Joseph
County:
Berrien
Grantor
Grantee
Sale
Sale
Inst.
Terms
of
Sale
Liber
Verified
Prent.
Price
Date
Type
&
Page
By
Trans.
MORT,
JEAN
L.
HESS,
ROBERT
& CECELIA
220,000{
11/07/2023
|WD
03-ARM'S
LENGTH
3416/4042
DEED
100.0
MORT,
JEAN
L.
MORT,
JEAN
L.
0f
01/31/2017
[WD
33-TO
BE DETERMINED
3162/0299
DEED
0.0
MORT,
DEBORAH
MORT,
JEAN
L.
0f
12/05/2011
[WD
09-FAMILY
2998/2841
DEED
100.0
-
Property Address
Class:
RESIDENTIAL-IMPRO
|Zoning:
R1
-
[Building Permit (s)
Date
Number
Status
2800
S
STATE
ST
School:
ST
JOSEPH PUBLIC SCHOOLS
Windows
08/29/2018
|{PB180317
100%
P.R.E.
100%
11/14/2023
Electrical
09/13/2012
|PE120087
100
Owner's Name/Address
Map
#:
35-1
Res. Add/Alter/Repair
09/08/2012
|PB120243
100
Sy Wma Hla
2024 Est TCV 304,988 TCV/TFA: 247.56|Roofing
09/16/2009
|PB093205
100%
SAINT
JOSEPH
MI
49085
Improved
[
[vacant
Land Value Estimates
for
Land Table RES1.RESIDENTIAL
- AVERAGE
Public
*
Factors
*
Improvements
Description
Frontage
Depth
Front
Depth
Rate
%Adj.
Reason
Value
—
Dirt Roa
82.00 120.00 0.9472 0.9811
1258
100
95,862
Tax Description
Gravel Hosa
82 Actual Front Feet,
0.23 Total Acres
Total Est. Land Value =
95,862
LOT
15
REPLAT
OF MORSE'S
SUB
OF N1/2
OF
X
|Paved Road
LOT
7
GARDS
ADD
TO CITY
OF
ST JOSEPH
X
|Storm Sewer
Land Improvement
Cost Estimates
Comments/Influences
X
|sidewalk
=H
,
Description
Rate
Size
%
Good
Cash Value
X
Hater
D/W/P: Flagstone/Sand
21.16
196
63
2,613
X
{pewer
D/W/P:
4in Ren.
Conc.
8.24
676
55
3,063
X
[Electric
D/W/P:
4in Concrete
7.01
10
55
38
X
Gas
Total Estimated Land Improvements
True Cash Value
=
5,714
»
X
|Curb
Street
Lights
Standard Utilities
Underground Utils.
Topography
of
Site
X
|Level
Rolling
Low
!
High
Landscaped
Swamp
Wooded
Pond
Waterfront
Ravine
|
Wetland
Flood Plain
Year
Land
Building
Assessed
Board
of|
Tribunal/
Taxable
|
Value
Value
Value
Review
Other
Value
|
Who
When
What '|2024 |
47,900
104, 600
152,500
152,500M
152,500
|
:
ca
:
MB
03/15/2024 DATA ENTER |2023
41,300
80,300
121,600
96,501C
The Equalizer. Copyright
(c)
1999
- 2009.|ms
12/10/2023 ATT-PTA,
PR 7557
37,500
70,400
107, 900
91,906C
Licensed
To:
City
of
St
Joseph,
County
of
|MB
12/10/2023
DATA ENTER
|
Berrien,
Michigan
2021
36,700
67,300
104,000
88,970C
|
***
Information herein deemed reliable
but
not guaranteed***Page 3
| Residential Building 1 of 1 Parcel Number: 11-76-5080-0015-00-1 Printed on 10/08/2024 Building Type (3) Roof (cont.) (11) Heating/Cooling (15) Built-ins (15) Fireplaces (16) Porches/Decks (17) Garage 1] X [Single Family Eavestrough X |Gas 0il Elec. Appliance Allow. Interior 1 Story |Area|Type Year Built: | Mobile Home Insulation Wood Coal Steam Cook Top Interior 2 Story 240|cGEP (1 Stor 3 joan Capacity: Town Home 0|Front Overhang a 1 |Dishwasher 2nd/Same Stack le2lcce (1 are | Class: C Duplex 0|Other Overhang Farce Aro w/o Ducts Garbage Disposal Two Sided Y) |Exterior: Brick A-Frame Toners fed us Ducts Bath Heater Exterior 1 Story Brick Ven.: 0 orce er 7 i Vent Fan Exterior 2 Stor Stone Ven.: 0 Xiiood:. "Ean el Electric Baseboard Hot Tub Prefab 1 Story Y Common Wall: 1 Wall X |Drywall Plaster Elec. Ceil. Hadfant Unvented Hood Prefab 2 Story Foundation: 42 Inch Building Style: Paneled Wood T&G Rac pas acs ez) Vented Hood Heat Circulator Finished 2: ectric a : . 1s Tri & Decoration Space Hester Intercom Raised Hearth Auto. Doors: 1 Ye Built Remodeled Wall/Fl F Jacuzzi Tub Wood Stove Mech. Doors: 0 [Ex [x ]oxd | [min a 00x urnace Jacuzzi repl.Tub Direct-Vented Ga Area: 672 1979 0 X |Forced Heat & Cool oven s Good: 0 Condition: Fair SEEdobiklosets Heat. Pump Microwave Classes © Storage Area: 0 No Heating/Coolin Effec. Age: 43 g Lg |X |Ord Small 9 9 Standard Range = BEET No Conc. Floor: 0 Central Air Self Clean Range |LL0OF Area: 1,232 Room List Doors Solid|X [H.C. Total Base New 252,379 Bsmnt Garage: Wood Furnace Sauna
Page 4
1
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR PROPERTY TAX APPEAL ANSWER FORM VALUATION / EXEMPTION / CLASSIFICATION APPEAL MOAHR DOCKET NO. 24-003677 Section 1: Respondent’s Contact Information Filer Type: Local Unit of Government Township Of St Joseph (BERRIEN) First Name Michele M.I. M Last Name/Company Name/Unit of Government Bennett Mailing Address (No., Street, P.O. Box or Rural Route) 700 Broad St City or Town St Joseph State Michigan ZIP Code 49085 Telephone Number 269-983-1231 Fax Number 269-985-0347 E-mail Address mbennett@sjcity.com Section 2: Respondent’s Attorney/Authorized Representative’s Contact Information First Name Michele M.I. M Last Name Bennett Firm Name (if any) St. Joseph City Address (No., Street, P.O. Box or Rural Route) 700 Broad St City or Town St. Joseph State Michigan ZIP Code 49085 Telephone Number 2699831231 Fax Number 269-985-0347 E-mail Address mbennett@sjcity.com Section 3: Subject Property Information Does the subject property have a Principal Residence Exemption of 50% or more? Yes Are the parcels listed by Petitioner contiguous or adjoining? If not, list which parcels adjoin one another. N/A Section 4: Explain Your Answer to this Appeal 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, Notice of Uncapping, or Assessment Change Notice) with this Small Claims Answer, if applicable. If you do not submit this document, you may be held in default.
Page 2
STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR Sec 1. Respondent admits the allegations in section 1 of the Petition. Sec 2. NA Sec 3. Respondent admits the allegations in section 3 of the Petition. Sec 4. Respondent admits the allegations in section 4 of the Petition. Sec 5. Respondent denies that Petitioner's contention of value in section 5 is accurate or supportable. The 2024 assessed value and taxable value established by the City of St. Joseph is calculated using the Cost Approach Method and the use of Sales Studies Analysis for land and ECF calculations. The 2024 MBOR assessment was determined to be fair and equitable. Sec 6. Respondent admits the allegations in section 6 of the Petition. Sec 7. Respondent denies that Petitioner's contention of value in section 7 is accurate or supportable. Sec 8. Respondent admits the allegations in section 8 of the Petition. Section 5: Jurisdictional Issues IF PETITIONER IS APPEALING THE TRUE CASH AND/OR TAXABLE VALUES Did Petitioner protest the assessment at a Board of Review (BOR)? Yes If yes, check which BOR Petitioner attended: March If no, was the Notice of Assessment properly sent to Petitioner prior to the March BOR? March*Submit a copy of the Notice of Assessment with the Answer. If the July or December BOR revised the assessment(s) at issue, did it have authority? If yes, cite the Board’s authority. Was the assessment(s) at issue established as the result of a clerical error or mutual mistake of fact? No If yes, explain. Is Petitioner appealing from a State Tax Commission Order? If so, what is the issue date? Mi IF PETITIONER IS APPEALING THE UNCAPPING OF TAXABLE VALUE When was the Notice of Uncapping, if applicable, issued? Under what statutory section was the Taxable Value uncapped? IF PETITIONER IS APPEALING THE DENIAL OF A POVERTY EXEMPTION Did Petitioner request a Poverty Exemption at a BOR? If Yes, check which BOR Petitioner attended: List the date the BOR denied Petitioner’s Poverty Exemption:
Page 3
STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR IF PETITIONER IS APPEALING THE DENIAL OF AN EXEMPTION OTHER THAN POVERTY, PRINCIPAL RESIDENCE, OR QUALIFIED AGRICULTURAL EXEMPTIONS Did Petitioner request the exemption at the BOR? If Yes, check which BOR Petitioner attended: Tax Year(s) denied: List the date the exemption was denied: What statutory section did Petitioner request the subject property be exempt? IF PETITIONER IS APPEALING THE CLASSIFICATION OF PROPERTY What do you believe the classification should be: Section 6: Valuation Information *Use the multiple parcel form for additional, contiguous parcels. Parcel Identification Number: 1-76-5080-0015-00-1 Classification of Property: Real Residential Current Assessed Value (also known as State Equalized Value) as established by the BOR: $152,500 Current Taxable Value as established by the BOR: $152,500 What do you believe is the fair market value (also known as True Cash Value)? $304,988 Multiply the True Cash Value by. 5 and enter here. This is your contention of Assessed Value. $152,500 If you believe the Taxable Value differs from your contention of Assessed Value, enter your contention of Taxable Value. Electronic Signature *Typing your name below will serve as your signature Respondent or
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Page 1
RECEIVED JUL 17 2024 MICHIGAN TAX TRIBUNAL STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON |. BROWN, DPA GOVERNOR LANSING DIRECTOR 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 M.I. Last Name/Company Name Cecelia Al Hess Malling Address (No., Street, P.O. Box or Rural Route) L300 5S, State St City or Town State ZIP Code St. Joseph (1A H9035 Telephone Number T Fax Number 269-519-3387 E-mall Address (do not enter unless you want MTT to send all correspondence via e-mail) 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 ZIP Code Telephone Number Fax Number E-mall 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? parcels areyou | [] ves* [J No** appealing? *If yes, use a multiple parcel form for information regarding any contiguous parcels.
Page 2
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STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON I. BROWN, DPA
GOVERNOR
LANSING
DIRECTOR
Section 4: Issues Being Appealed (check all that apply)
|
True Cash and Taxable Value
[O Poverty Exemption
|
|
[1 Taxable Value Only (calculation)
[0 Disabled Veterans Exemption
[1 Uncapping of Taxable Value
[1 Eligible Manufacturing Personal Property (ESA)
[1 exemption from Taxation (other than the denial of a
{1 Ciassification
Principal Residence or Qualified Agricultural Exemption)
Section 5: Explain the Reason for this Appeal
The
assessment
is
tee
high.
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self intevest
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4,
The purchase price
shoold
be
used
as the mest
cccuvate
assessment valve.
Section 6: Jurisdictional Issues
Year(s) you are appealing:
2024
Did you protest the assessment ata Board of Review (BOR)? [] Yes
[mm] No
If Yes, check which BOR you attended AND attach the BOR decision: [4 march
[J July
1] secember
1f No, check the applicable reason(s):
[|
Not required to attend
[] Assessment Change Notice was not received by Petitioner
[Hl] Appealing a purported Clerical Error or Mutual Mistake of Fact (If yes, include explanation in Ssction 5)
[I] Appealing within 36 days of State Tax Commission OrderPage 3
LN
Sa
STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON I. BROWN, DPA
GOVERNOR
LANSING
DIRECTOR
Section 7: Valuation Information »use the multiple parcel form for additional, contiguous parcels.
Parcel identification Number:
H=2b=5080" OO15 ~00 ~|]
Classification of Property:
Real
Personal
(check one)
Agrleuitural
Commercial
Industrial
Residential
Timber-Cutover
Developmental
Utility
(check one)
Current Assessed Valua (also known as State Equalized Value) as established by the BOR:
158500
Current Taxable Value as established by the BOR:
{92500
What do you belleve Is the fair market value (also known as True Cash Value)?
A FOO 00
Multiply the True Cash Value by 5 and enter here. This Is your contention of Assessed Value.
RNeRele)e
If you believe the Taxable Value differs from your contention of Assessed Value, enter your contention of Taxable Value.
HEeReYol@®,
Section 8: Classification Information »onty the Mi Dep't of Treasury may appeal this issue to the Tribunal*
Parcel identification Number:
£
P'S
i"
= 176~50830-
0015-00
~|
Current Classification of Property as established by Board of Review:
Real
Personal
{check one)
pg
Agricultural
Commercial
industrial
Residential
Timber-Cutover
Developmental
Utility
(check one)
What do you believe is the property’s classification?
Real
Personal
(check one}
O
Agricultural
Commerclal
Industrial
Residential
Timber-Cutover
Developmental
Utility
(check one)
If improved property, how Is the property currently being used?
ifimproved property, for what use was the property designed?Page 4
Reig STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON 1. BROWN, DPA GOVERNOR LANSING DIRECTOR Fee Information Does the subject properly have a Principal Resldence Exemption of
Page 5
2
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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 Cecelia A Hess, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003677 City Of St Joseph, 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: October 8, 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
Cecelia A Hess 2800 S. State St. St. Joseph , MI 49085
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 Cecelia A Hess, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003677 City Of St Joseph, 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: October 8, 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
RECEIVED JUL 17 2024 MICHIGAN TAX TRIBUNAL STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON |. BROWN, DPA GOVERNOR LANSING DIRECTOR 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 M.I. Last Name/Company Name Cecelia Al Hess Malling Address (No., Street, P.O. Box or Rural Route) L300 5S, State St City or Town State ZIP Code St. Joseph (1A H9035 Telephone Number T Fax Number 269-519-3387 E-mall Address (do not enter unless you want MTT to send all correspondence via e-mail) 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 ZIP Code Telephone Number Fax Number E-mall 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? parcels areyou | [] ves* [J No** appealing? *If yes, use a multiple parcel form for information regarding any contiguous parcels.
Page 2
gm,
f=
i
Ry
STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON I. BROWN, DPA
GOVERNOR
LANSING
DIRECTOR
Section 4: Issues Being Appealed (check all that apply)
|
True Cash and Taxable Value
[O Poverty Exemption
|
|
[1 Taxable Value Only (calculation)
[0 Disabled Veterans Exemption
[1 Uncapping of Taxable Value
[1 Eligible Manufacturing Personal Property (ESA)
[1 exemption from Taxation (other than the denial of a
{1 Ciassification
Principal Residence or Qualified Agricultural Exemption)
Section 5: Explain the Reason for this Appeal
The
assessment
is
tee
high.
p]
The
2353 sess mewt
15
suevw
macked valve
|
2
The povehase Wwids
an
arm's
lewg rh
vans activ
with
both
parti es
geting
nde pendent
von
Theiler
pwn
self intevest
Tin
a
faive market,
4,
The purchase price
shoold
be
used
as the mest
cccuvate
assessment valve.
Section 6: Jurisdictional Issues
Year(s) you are appealing:
2024
Did you protest the assessment ata Board of Review (BOR)? [] Yes
[mm] No
If Yes, check which BOR you attended AND attach the BOR decision: [4 march
[J July
1] secember
1f No, check the applicable reason(s):
[|
Not required to attend
[] Assessment Change Notice was not received by Petitioner
[Hl] Appealing a purported Clerical Error or Mutual Mistake of Fact (If yes, include explanation in Ssction 5)
[I] Appealing within 36 days of State Tax Commission OrderPage 3
LN
Sa
STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON I. BROWN, DPA
GOVERNOR
LANSING
DIRECTOR
Section 7: Valuation Information »use the multiple parcel form for additional, contiguous parcels.
Parcel identification Number:
H=2b=5080" OO15 ~00 ~|]
Classification of Property:
Real
Personal
(check one)
Agrleuitural
Commercial
Industrial
Residential
Timber-Cutover
Developmental
Utility
(check one)
Current Assessed Valua (also known as State Equalized Value) as established by the BOR:
158500
Current Taxable Value as established by the BOR:
{92500
What do you belleve Is the fair market value (also known as True Cash Value)?
A FOO 00
Multiply the True Cash Value by 5 and enter here. This Is your contention of Assessed Value.
RNeRele)e
If you believe the Taxable Value differs from your contention of Assessed Value, enter your contention of Taxable Value.
HEeReYol@®,
Section 8: Classification Information »onty the Mi Dep't of Treasury may appeal this issue to the Tribunal*
Parcel identification Number:
£
P'S
i"
= 176~50830-
0015-00
~|
Current Classification of Property as established by Board of Review:
Real
Personal
{check one)
pg
Agricultural
Commercial
industrial
Residential
Timber-Cutover
Developmental
Utility
(check one)
What do you believe is the property’s classification?
Real
Personal
(check one}
O
Agricultural
Commerclal
Industrial
Residential
Timber-Cutover
Developmental
Utility
(check one)
If improved property, how Is the property currently being used?
ifimproved property, for what use was the property designed?Page 4
Reig STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON 1. BROWN, DPA GOVERNOR LANSING DIRECTOR Fee Information Does the subject properly have a Principal Resldence Exemption of
Page 5
2
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.