Charles Fogleson, Amanda Fogleson, Petitioners V Township Of Egelston, Respondent
- Petitioner
- Charles Fogleson, Amanda Fogleson
- Respondent
- Township Of Egelston
Case overview
- Docket number
- 24-003666-TT
- Status
- Disposed
- CaseType
- SC Property
- Division
- Small Claims Division
- County
- Muskegon
- Judge
- No judge assigned
Docket history
| Line # | Subject | Filer | Line Ref | Enter Date/Post Mark | Fee | Related Item |
|---|---|---|---|---|---|---|
| 7 | Order of Dismissal | Not recorded | Not recorded | 12/11/2024 | Not recorded | Download |
| 6 | Answer was received | RESP | Not recorded | 11/13/2024 | Not recorded | Download |
| 5 | Order extending default | Not recorded | Not recorded | 11/12/2024 | Not recorded | Download |
| 4 | Order of Default of Petitioner | Not recorded | Not recorded | 10/07/2024 | Not recorded | Download |
| 3 | Petition has been verified | PET | 1 | 10/07/2024 | Not recorded | Download |
| 2 | Notice of Docket Number SC | Not recorded | Not recorded | 10/07/2024 | Not recorded | Download |
| 1 | A petition was received. | PET | Not recorded | 07/12/2024 | 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 Charles Fogleson, Amanda Fogleson, MICHIGAN TAX TRIBUNAL Petitioners, SMALL CLAIMS DIVISION v MTT Docket No. 24-003666 Egelston Township, Presiding Judge Respondent. Patricia L. Halm ORDER OF DISMISSAL The Tribunal has considered the file in this case and finds that Petitioners were placed in default on October 7, 2024, because Petitioners did not file the petition on the current Tribunal petition form. The current form is required because the form filed does not contain all information fields necessary to comport with current Tribunal rules. On November 12, 2024, the Tribunal extended the time for Petitioners to cure the default by an additional 14 days and they have failed to respond. Petitioners have not complied with either order, and the latter stated that “failure to comply with this Order shall result in the dismissal of the case . . .” and referenced Grimm v Dep’t of Treasury.1 In Grimm, the Michigan Court of Appeals summarized factors that the Tribunal should consider before imposing the sanction of dismissal. Those factors are: (1) whether the violation was wilful or accidental; (2) the party's history of refusing to comply with previous court orders; (3) the prejudice to the opposing party; (4) whether there exists a history of deliberate delay; (5) the degree of compliance with other parts of the court's orders; (6) attempts to cure the defect; and (7) whether a lesser sanction would better serve the interests of justice.2 Here, Petitioners’ failure to comply with multiple orders has established a history of deliberate delay. As a result, giving careful consideration to the factors involved and considering all options in determining what sanction is just and proper, the Tribunal finds that dismissal is appropriate, and a lesser sanction would not be appropriate in light of Petitioners’ history of noncompliance in this case. Therefore, IT IS ORDERED that this case is DISMISSED. This Order resolves all pending claims in this matter and closes this case. 1 Grimm v Dep’t of Treasury, 291 Mich App 140 (2010). 2 Id. at 149.
Page 2
MTT Docket No. 24-003666 Page 2 of 2 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 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. Entered: December 11, 2024 By _____________________________ 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 provided by those parties, attorneys, or authorized representatives. By: Tribunal Clerk
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Page 1
RECEIVED NOV 182.4 MICHIGAN TAX TRIBUNAL November 12,2024 Charles and Amanda Fogleson 4405 Krystallee Dr Muskegon, MI 4442 RE: MOAHR Docket No. 24-003666 - Answer Form Dear Mr. and Mrs. Fogleson: Enclosed are copies of the Property Tax Appeal Answer Form and required documentation that our office prepared for your tribunal case. . Property Tax Appeal Answer Form . Copy of Assessment Notice . Copy of Board of Review Notice . Property Record Card and sketches . Proof of Service These documents are filed in compliance with the Notice of Docket Number issued by the MTT on October 7%, 2024. If you have any questions, please contact me at 231-724-3475. Sincerely, Muskegon County Equalization Egelston Township Assessing CN Cp Shree sp Michelle Ercole MAAO, PPE Senior Appraiser
Page 2
November 12% 2024
Michigan Tax Tribunal
611 W. Ottawa St.
Lansing, Michigan 48933
RE: MOAHR DOCKET #24-003666 — Answer Form
Dear Tribunal:
Please see the enclosed documentation for the Small Claims case mentioned
above:
Property Tax Appeal Answer Form
Copy of Assessment Notice
Copy of March Board of Review Notice
Property Record Card and sketches
Proof of Service
These documents are filed in compliance with the Notice of Docket Number
issued by the MTT on October 7%, 2024.
If you have any questions, please
contact me at 231-724-3475.
Sincerely,
Muskegon County Equalization
Egelston Township
{Yh eine
Ro Cee ols
Michelle L. Ercole MAAO, PPE
Senior AppraiserPage 3
5
8
STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON I. BROWN, DPA
GOVERNOR
LANSING
DIRECTOR
PROPERTY TAX APPEAL ANSWER FORM
VALUATION / EXEMPTION / CLASSIFICATION APPEAL
MTT DOCKET NO. 24-003666
Section 1: Respondent’s Contact Information
First Name:
M.L:
Last Name/Company Name/Unit of Government:
Township of Egelston
Home Address {No., Street, P.O. Box or Rural Route}:
County:
5428 E Apple Ave
Muskegon
City or Town:
State:
ZIP Code:
Muskegon
Ml
149442
Telephone Number:
Fax Number:
231-788-2308
E-mail Address {do not enter unless you want MTT fo send all correspondence via email):
Section 2: Respondent's Attorney/Authorized Representative’s Contact Information
First Name:
Last Name:
Michelle
L
Ercole
mr Muskegon County Equalization Department
Address (No., Street, P.O. Box or Rural Route):
173 E Apple Ave., Ste. 201
City or Town:
State:
ZIP Code:
Muskegon
MI
[49442
Telephone Number:
Fax Number:
231-724-3475
E-mail Address {do not enter unless you want MTT to send all correspondence via email):
ercolemi@co.muskegon.mi.us
Section 3: Subject Property Information
Does the subject property have a Principal Residence Exemption of 50% or more?
[re] Yes
[m} No
Are the parcels listed by Petitioner contiguous or adjoining?
If not, list which parcels adjoin one another.
[MN] Yes
Mm
No
[1%] Not
ApplicablePage 4
STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR Section 4: Explain Your Answer to this Appeal The True Cash Value for parcel 61-11-161-000-0019-00 is $306,000, Assessed Value of $153,000 and Taxable Value of $143,115 as established by the 2024 March Board of Review. A more detailed valuation disclosure will be submitted at a later time. 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 I] No if yes, check which BOR Petitioner attended: March [I] July O December if no, was the Notice of Assessment properly sent to Petitioner prior to the March BOR? [I Yes [] No *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? [mn] Yes [mn] No 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? [Mi] Yes No if yes, explain Is Petitioner appealing from a State Tax Commission Order? [] Yes [ No If so, what is the issue date?
Page 5
Gd
STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON I. BROWN, DPA
GOVERNOR
LANSING
DIRECTOR
Did Petitioner request a Poverty Exemption at a BOR? Il Yes
No
If Yes, check which BOR Petitioner attended: [] March
1 July
[| December
List the date the BOR denied Petitioner's Poverty Exemption:
IF PETITIONER IS APPEALING THE DENIAL OF AN EXEMPTION
OTHER THAN POVERTY, PRINCIPAL RESIDENCE, OR QUALIFIED AGRICULTURAL EXEMPTIONS
Did Petitioner request the exemption at a BOR? [i] Yes
[a] No
If Yes, check which BOR Petitioner attended: O March
[Wm] July
0 December
Tax Year(s) denied:
List the date the exemption was denied:
What statutory section did Petitioner request the subject property be exempt?
{F PETITIONER IS APPEALING THE CLASSIFICATION OF PROPERTY
What do you believe the classification should be:
Real
Personal
{check one)
Agricultural
Commercial
Industrial
Residential
Timber-Cutover
Developmental
Utility
(check one}
Iv
Section 6: Valuation Information *use the multiple parcel form for additional, contiguous parcels.
Parcel identification Number:
61-11-161-000-0019-00
Classification of Property:
Real
Personal
({checkone)
7]
Agricultural
Cormmercial
Industrial
Residential
Timber-Cutover
Developmentai
Utility
(check one)
Current Assessed Value (also known as State Equalized Value) as established by the BOR:
$153,000
Current Taxable Value as established by the BOR:
$143,115
What do you believe is the fair market value (also known as True Gash Value)?
$306,000
Muitiply the True Cash Value by .5 and enter here. This is your contention of Assessed Value.
$153,000
if you belleve the Taxable Value differs from your contention of Assessed Value, enter your contention of Taxable Value.Page 6
STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF
Page 7
STATE
Page 8
11/
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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 Charles Fogleson,Amanda Fogleson, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003666 Township Of Egelston, Respondent. ORDER EXTENDING TIME FOR PETITIONER TO CURE DEFAULT The Tribunal has considered the file in the above-captioned case and finds that it entered an order holding Petitioner in default on October 7, 2024.1 Petitioner was required to cure the default within 14 days. Petitioner has had ample time to comply, yet has failed to respond or submit the required filings. Though the Tribunal finds an extension of time to cure the default appropriate, Petitioner’s failure to comply with Tribunal orders and its Rules of Practice and Procedure has established a history of deliberate delay that would justify dismissal of the case for failure to timely comply with this Order.2 Therefore, IT IS ORDERED that the time for Petitioner to cure the default is EXTENDED. IT IS FURTHER ORDERED that Petitioner must complete the following to cure the default: (1) file the documentation required by the October 7, 2024default order, (2) file a Motion to Set Aside Default, and (3) file proof the Motion and a copy of the documentation were served on Respondent. The foregoing must be filed with the Tribunal within 14 days of the entry of this Order. Failure to comply with this Order may result in dismissal of the case, as provided by TTR 231.3 By:___________________________________ Patricia L. Halm, Tribunal Chair Entered: November 12, 2024 1 The Order further stated, “Failure to comply with this Order will result in the defaulted party being required to file a motion to set aside the default (with appropriate filing fee).” 2 See Grimm v Dep’t of Treasury, 291 Mich App 140 (2010). 3 See also MCL 205.732.
Page 2
MTT Docket No. 24-003666 Page 2 of 10 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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Charles Fogleson 4405 Krystallee Drive Muskegon , MI 49442
Page 4
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 Charles Fogleson,Amanda Fogleson, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003666 Township Of Egelston, Respondent. ORDER EXTENDING TIME FOR PETITIONER TO CURE DEFAULT The Tribunal has considered the file in the above-captioned case and finds that it entered an order holding Petitioner in default on October 7, 2024.4 Petitioner was required to cure the default within 14 days. Petitioner has had ample time to comply, yet has failed to respond or submit the required filings. Though the Tribunal finds an extension of time to cure the default appropriate, Petitioner’s failure to comply with Tribunal orders and its Rules of Practice and Procedure has established a history of deliberate delay that would justify dismissal of the case for failure to timely comply with this Order.5 Therefore, IT IS ORDERED that the time for Petitioner to cure the default is EXTENDED. IT IS FURTHER ORDERED that Petitioner must complete the following to cure the default: (1) file the documentation required by the October 7, 2024default order, (2) file a Motion to Set Aside Default, and (3) file proof the Motion and a copy of the documentation were served on Respondent. The foregoing must be filed with the Tribunal within 14 days of the entry of this Order. Failure to comply with this Order may result in dismissal of the case, as provided by TTR 231.6 By:___________________________________ Patricia L. Halm, Tribunal Chair Entered: November 12, 2024 4 The Order further stated, “Failure to comply with this Order will result in the defaulted party being required to file a motion to set aside the default (with appropriate filing fee).” 5 See Grimm v Dep’t of Treasury, 291 Mich App 140 (2010). 6 See also MCL 205.732.
Page 5
MTT Docket No. 24-003666 Page 5 of 10 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 6
Amanda Fogleson 4405 Krystallee Drive Muskegon , MI 49442
Page 7
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 Charles Fogleson,Amanda Fogleson, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003666 Township Of Egelston, Respondent. ORDER EXTENDING TIME FOR PETITIONER TO CURE DEFAULT The Tribunal has considered the file in the above-captioned case and finds that it entered an order holding Petitioner in default on October 7, 2024.7 Petitioner was required to cure the default within 14 days. Petitioner has had ample time to comply, yet has failed to respond or submit the required filings. Though the Tribunal finds an extension of time to cure the default appropriate, Petitioner’s failure to comply with Tribunal orders and its Rules of Practice and Procedure has established a history of
Page 8
MTT
Page 9
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 Charles Fogleson,Amanda Fogleson, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003666 Township Of Egelston, Respondent. ORDER OF DEFAULT The Tribunal has reviewed the file in the above-captioned case and finds that: Petitioner failed to file an updated Tribunal petition form. As such, the petition is not properly pending. Petitioner must complete and return a current petition form within 14 days of the entry of this Order. The petition shall note the docket number assigned by the Tribunal and if filed utilizing the Tribunal’s e-filing system, must be filed on the assigned docket number as an “Amended Petition.” Small Claims petition forms can be found on our website at www.michigan.gov/taxtrib. Therefore, IT IS ORDERED that Petitioner is HELD IN DEFAULT. IT IS FURTHER ORDERED that the defaulted party shall cure the default, as indicated above, within 14 days of the entry of this Order.i Failure to comply with this Order will result in the defaulted party being required to file a motion to set aside the default (with appropriate filing fee). By:_______________________________ Entered: October 7, 2024 Patricia L. Halm, Tribunal Chair
Page 2
MTT Docket No. 24-003666 Page 2 of 8 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 i “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 11:59 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 11:59 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.” TTR 219(5)
Page 3
Charles Fogleson 4405 Krystallee Drive Muskegon , MI 49442
Page 4
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 Charles Fogleson,Amanda Fogleson, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003666 Township Of Egelston, Respondent. ORDER OF DEFAULT The Tribunal has reviewed the file in the above-captioned case and finds that: Petitioner failed to file an updated Tribunal petition form. As such, the petition is not properly pending. Petitioner must complete and return a current petition form within 14 days of the entry of this Order. The petition shall note the docket number assigned by the Tribunal and if filed utilizing the Tribunal’s e-filing system, must be filed on the assigned docket number as an “Amended Petition.” Small Claims petition forms can be found on our website at www.michigan.gov/taxtrib. Therefore, IT IS ORDERED that Petitioner is HELD IN DEFAULT. IT IS FURTHER ORDERED that the defaulted party shall cure the default, as indicated above, within 14 days of the entry of this Order.ii Failure to comply with this Order will result in the defaulted party being required to file a motion to set aside the default (with appropriate filing fee). By:_______________________________ Entered: October 7, 2024 Patricia L. Halm, Tribunal Chair
Page 5
MTT Docket No. 24-003666 Page 5 of 8 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 ii “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 11:59 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 11:59 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.” TTR 219(5)
Page 6
Amanda Fogleson 4405 Krystallee Drive Muskegon , MI 49442
Page 7
STATE OF MICHIGAN GRETCHEN
Page 8
MTT
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Page 1
RECEIVED
JUL 162074
STATE OF
MICHIGAN
DEPARTMENT OF LABOR & ECONOMIC GROWTH
PROPERTY TAX APPEAL.
1 ly TAX PRBERANUMBER
MICHIGAN TAX TRIBUNAL
PETITION FORM
SMALL CLAIMS DIVISION
Failure to complete this form, including signature, and return it by filing deadline will result in dismissal.
If additional space is needed to provide the information requested, please use a separate sheet.
1. Petitioner(s} Name and Address
2. Agent or Attorney {if any) Name and Address
CHARLES fata foglson
Y495 Krmstaliee
Mr”
Musk ogin, ME
Haid 5
Petitioners Daytime Phone No. 23] 7(7~ 7867
AgentiAttoraey Phone No,
.
R
{residential, agricultural, personal, commercial, industrial, timber cutover,
3. Classification of property 2 fay deats af
personal utility, developmental)
4. Location of Property:
city
Local School District:
OR
3)
hp
county Mus tegen
Township, £4 [ston
{latridge
5.
Did Petitioner protest to the Board of Review?
&
Yes
( ))
No
if no, please check all applicable reasons below and explain in the
space provided.
[I] The Assessment Change Notice was not properly sent to Petitioner prior to the March Board of Review.
[I] Petitioner is appealing within 30 days of issuance of notice of action taken by July or December Board of Review.
1 Petitioner is appealing a Clerical Error or Mutual Mistake of Fact.
(] Petitioner is appealing within 30 days of issuance of a State Tax Commission Order.
[I] Petitioner is appealing within 35 days of receipt of Notice of Taxable Value Uncapping.
I
6. Did Petitioner request a Poverty Exemption at the Board of Review?
[¢ )
Yes
3)
No
7. Check the reason for this appeal and explain in the space provided.
[I] The property's true cash value and taxable value are incorrect. (SEE Line by Line Instructions.)
[I] The property's taxable value only is incorrect.
Bre uncapping of the property's taxable value is improper.
[| Petitioner was denied a property tax exemption.
[I] Petitioner was denied a poverty exemption.
8. Provide the Board of Review's determination of the state equalized or assessed value and taxable value for each parcel, for each tax year being
appealed.
Parcel Number
Tax Year
State Equalized Value or
Taxable Value on Roll
Assessed Value on Rol
[mlb d- 00d -0019 ~00
| 2224 | [$9,000
142, JsPage 2
9. Provide Petitioner's contention or befief of the true cash ( fair market) value and taxable value for each parcel, for each tax year being appealed Parcel Number Tax Year True Cash (Fair Market) Value Taxable Value Contention Contention L/=/6]~ 000-0006 ~ gy |?424 | [39 STI [23,69 [/=16] 400 pid 9-00 2029 | J2d ppo 70, 57 All gga ~a0le-go 2029 | 799, 609 89, © 23 [Ml 0040 ~ gD0% ~gd __|Ze2¢ | [40,200 @5, 30 10. Explain the basis of your appeal. . \ P Please ref y” bo enclpsec lo ter Br bags oF appar! 11. Does the property have a principal residence exemption of af least 50% for the tax year(s) at issue? ® Yes: Petitioner is not required to pay a fee for the filing of this appeal. fe) No; Petitioner is required to pay a fee for the filing of the appeal. (See Fee Schedule.) Failure to remit a required fee with this Form may result in dismissal. Amount Paid: 12. p oo rR rn if not using an agent or attomey, Petitioner is required fo sign:__< cfr, rants ey if using an agent or attorney, only agent or attorney is required to sign: PLEASE RETURN THE ORIGINAL AND ONE COPY OF THIS COMPLETED FORM WITH TWO COPIES OF ANY ATTACHMENTS to: Michigan Tax Tribunal, PO Box 30232, Lansing, Mi 48909. Keep a copy of the Form and any original attachments for your records. The Department of Labor & Economic Growth will not discriminate against any individual or group because of race, sex, refigion, age, nattonal origin, color, marital status, disability or political beliefs. If you need assistance with reading, writing, hearing, etc., under the Americans with Disabilities Act, you may make your needs known to this agency. For further information, please contact the Tribunal at: PH: (517) 373-3003 Web Site: www.MIchigan.govitaxtribunal E-mall: taxtrib@Michigan.gov T1262 Revised 01/05 1973 PA 186, As Amended
Page 3
Real Estate Property Tax Appeal Letter July 9, 2024 Subject: Appeal Against Property Tax Assessment for 4405 Krystallee Dr. Musk, MI 49442 To the Michigan State Tax Tribunal We are writing to formally appeal the recent property tax assessment issued for the property located at 4405 Krystallee Dr. Muskegon, M! 49442, Parcel ID # 11- 161-000-0019-00. After careful review of the assessment details in our 2024 Tax Assessment, we have identified discrepancies that we believe have led to an overstated valuation of the property, resulting in an unjust increase in our property tax liability. The current assessment values the property at $153,000 and the taxable value, at $143,115, which significantly exceeds comparable properties in the Belle Oaks Park Subdivision. To support our appeal, we have collected information indicating that a more accurate valuation should be considered to align with the market value of similar properties, Key points supporting our appeal include: Property Tax Information for several like properties in the Belle Oaks Park Subdivision. Highlighting Factors * 4388 Krystallee Dr. Underground Swimming Pool ® 4343 Krystallee Dr. Farm Utility Out Building on Property Condition and Age of the Property: The assessment does not adequately consider the age and current condition of the property, requiring significant updates and repairs to be comparable to the assessed value. Enclosed with this letter, please find the following documents to support our appeal: Property Tax Appeal Petition Form (2) Notice of Assessment, Tax Valuation Letter (1) 2024 Board of Review Decision Letter (©) Property Tax Information 4343 Krystailee Dr. Muskegon, Mi 49442 (3) 0 0 0 oo
Page 4
We respectfully request a thorough review of our appeal and a re-evaluation of the
Page 5
Vi
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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 Charles Fogleson,Amanda Fogleson, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003666 Township Of Egelston, 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 7, 2024 PROOF OF SERVICE I certify that a copy of the foregoing was sent on the entry date indicated above to the parties or their attorneys or authorized representatives, if any, utilizing either the mailing or email addresses on file, as provide by those parties, attorneys, or authorized representatives. By: Tribunal Clerk
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Charles Fogleson 4405 Krystallee Drive Muskegon , MI 49442
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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 Charles Fogleson,Amanda Fogleson, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003666 Township Of Egelston, 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 7, 2024 PROOF OF SERVICE I certify that a copy of the foregoing was sent on the entry date indicated above to the parties or their attorneys or authorized representatives, if any, utilizing either the mailing or email addresses on file, as provide by those parties, attorneys, or authorized representatives. By: Tribunal Clerk
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Amanda Fogleson 4405 Krystallee Drive Muskegon , MI 49442
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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 Charles Fogleson,Amanda Fogleson, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003666 Township Of Egelston, 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 7, 2024 PROOF OF SERVICE I certify that a copy of the foregoing was sent on the entry date indicated above to the parties or their attorneys or authorized representatives, if any, utilizing either the mailing or email addresses on file, as provide by those parties, attorneys, or authorized representatives. By: Tribunal Clerk
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RECEIVED
JUL 162074
STATE OF
MICHIGAN
DEPARTMENT OF LABOR & ECONOMIC GROWTH
PROPERTY TAX APPEAL.
1 ly TAX PRBERANUMBER
MICHIGAN TAX TRIBUNAL
PETITION FORM
SMALL CLAIMS DIVISION
Failure to complete this form, including signature, and return it by filing deadline will result in dismissal.
If additional space is needed to provide the information requested, please use a separate sheet.
1. Petitioner(s} Name and Address
2. Agent or Attorney {if any) Name and Address
CHARLES fata foglson
Y495 Krmstaliee
Mr”
Musk ogin, ME
Haid 5
Petitioners Daytime Phone No. 23] 7(7~ 7867
AgentiAttoraey Phone No,
.
R
{residential, agricultural, personal, commercial, industrial, timber cutover,
3. Classification of property 2 fay deats af
personal utility, developmental)
4. Location of Property:
city
Local School District:
OR
3)
hp
county Mus tegen
Township, £4 [ston
{latridge
5.
Did Petitioner protest to the Board of Review?
&
Yes
( ))
No
if no, please check all applicable reasons below and explain in the
space provided.
[I] The Assessment Change Notice was not properly sent to Petitioner prior to the March Board of Review.
[I] Petitioner is appealing within 30 days of issuance of notice of action taken by July or December Board of Review.
1 Petitioner is appealing a Clerical Error or Mutual Mistake of Fact.
(] Petitioner is appealing within 30 days of issuance of a State Tax Commission Order.
[I] Petitioner is appealing within 35 days of receipt of Notice of Taxable Value Uncapping.
I
6. Did Petitioner request a Poverty Exemption at the Board of Review?
[¢ )
Yes
3)
No
7. Check the reason for this appeal and explain in the space provided.
[I] The property's true cash value and taxable value are incorrect. (SEE Line by Line Instructions.)
[I] The property's taxable value only is incorrect.
Bre uncapping of the property's taxable value is improper.
[| Petitioner was denied a property tax exemption.
[I] Petitioner was denied a poverty exemption.
8. Provide the Board of Review's determination of the state equalized or assessed value and taxable value for each parcel, for each tax year being
appealed.
Parcel Number
Tax Year
State Equalized Value or
Taxable Value on Roll
Assessed Value on Rol
[mlb d- 00d -0019 ~00
| 2224 | [$9,000
142, JsPage 2
9. Provide Petitioner's contention or befief of the true cash ( fair market) value and taxable value for each parcel, for each tax year being appealed Parcel Number Tax Year True Cash (Fair Market) Value Taxable Value Contention Contention L/=/6]~ 000-0006 ~ gy |?424 | [39 STI [23,69 [/=16] 400 pid 9-00 2029 | J2d ppo 70, 57 All gga ~a0le-go 2029 | 799, 609 89, © 23 [Ml 0040 ~ gD0% ~gd __|Ze2¢ | [40,200 @5, 30 10. Explain the basis of your appeal. . \ P Please ref y” bo enclpsec lo ter Br bags oF appar! 11. Does the property have a principal residence exemption of af least 50% for the tax year(s) at issue? ® Yes: Petitioner is not required to pay a fee for the filing of this appeal. fe) No; Petitioner is required to pay a fee for the filing of the appeal. (See Fee Schedule.) Failure to remit a required fee with this Form may result in dismissal. Amount Paid: 12. p oo rR rn if not using an agent or attomey, Petitioner is required fo sign:__< cfr, rants ey if using an agent or attorney, only agent or attorney is required to sign: PLEASE RETURN THE ORIGINAL AND ONE COPY OF THIS COMPLETED FORM WITH TWO COPIES OF ANY ATTACHMENTS to: Michigan Tax Tribunal, PO Box 30232, Lansing, Mi 48909. Keep a copy of the Form and any original attachments for your records. The Department of Labor & Economic Growth will not discriminate against any individual or group because of race, sex, refigion, age, nattonal origin, color, marital status, disability or political beliefs. If you need assistance with reading, writing, hearing, etc., under the Americans with Disabilities Act, you may make your needs known to this agency. For further information, please contact the Tribunal at: PH: (517) 373-3003 Web Site: www.MIchigan.govitaxtribunal E-mall: taxtrib@Michigan.gov T1262 Revised 01/05 1973 PA 186, As Amended
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Real Estate Property Tax Appeal Letter July 9, 2024 Subject: Appeal Against Property Tax Assessment for 4405 Krystallee Dr. Musk, MI 49442 To the Michigan State Tax Tribunal We are writing to formally appeal the recent property tax assessment issued for the property located at 4405 Krystallee Dr. Muskegon, M! 49442, Parcel ID # 11- 161-000-0019-00. After careful review of the assessment details in our 2024 Tax Assessment, we have identified discrepancies that we believe have led to an overstated valuation of the property, resulting in an unjust increase in our property tax liability. The current assessment values the property at $153,000 and the taxable value, at $143,115, which significantly exceeds comparable properties in the Belle Oaks Park Subdivision. To support our appeal, we have collected information indicating that a more accurate valuation should be considered to align with the market value of similar properties, Key points supporting our appeal include: Property Tax Information for several like properties in the Belle Oaks Park Subdivision. Highlighting Factors * 4388 Krystallee Dr. Underground Swimming Pool ® 4343 Krystallee Dr. Farm Utility Out Building on Property Condition and Age of the Property: The assessment does not adequately consider the age and current condition of the property, requiring significant updates and repairs to be comparable to the assessed value. Enclosed with this letter, please find the following documents to support our appeal: Property Tax Appeal Petition Form (2) Notice of Assessment, Tax Valuation Letter (1) 2024 Board of Review Decision Letter (©) Property Tax Information 4343 Krystailee Dr. Muskegon, Mi 49442 (3) 0 0 0 oo
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We respectfully request a thorough review of our appeal and a re-evaluation of the
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Vi
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