Coon Creek Farm, Petitioner V Township Of Ray, Respondent
- Petitioner
- Coon Creek Farm
- Respondent
- Township Of Ray
Case overview
- Docket number
- 24-003952-TT
- Status
- Disposed
- CaseType
- SC Property
- Division
- Small Claims Division
- County
- Macomb
- Judge
- No judge assigned
Docket history
| Line # | Subject | Filer | Line Ref | Enter Date/Post Mark | Fee | Related Item |
|---|---|---|---|---|---|---|
| 9 | Order of Dismissal | Not recorded | Not recorded | 09/25/2025 | Not recorded | Download |
| 8 | Order Setting Aside Default | Not recorded | Not recorded | 12/20/2024 | Not recorded | Download |
| 7 | Notice of Filing | Not recorded | Not recorded | 12/12/2024 | Not recorded | Download |
| 6 | Attachments to the Answer were filed | Not recorded | Not recorded | 11/07/2024 | Not recorded | Download |
| 5 | Answer was received | Not recorded | Not recorded | 11/07/2024 | Not recorded | Download |
| 4 | Order of Default of Petitioner | Not recorded | Not recorded | 10/23/2024 | Not recorded | Download |
| 3 | Petition has been verified | PET | 1 | 10/23/2024 | Not recorded | Download |
| 2 | Notice of Docket Number SC | Not recorded | Not recorded | 10/23/2024 | Not recorded | Download |
| 1 | A petition was received. | PET | Not recorded | 09/03/2024 | $0.00 | 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 Coon Creek Farm, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003952 Ray Township, Presiding Judge Respondent. Patricia L. Halm ORDER OF DISMISSAL The Tribunal has considered the file in this case and finds that it has no authority over Petitioner’s appeal. The pleadings and accompanying documentation indicate that Petitioner is appealing the true cash, state equalized, and taxable values for Parcel No. 21-05-02-100-024 for the 2024 tax year. The Tribunal has no authority over that parcel under MCL 205.735a(3), however, because Petitioner failed to appeal the assessment to the March Board of Review (BOR) prior to initiating an appeal to the Tribunal. A final decision of the BOR is a prerequisite for invoking the Tribunal’s jurisdiction.1 Petitioner’s failure to complete the prerequisite step to appeal to the BOR is a failure to invoke the Tribunal’s statutory jurisdiction over this proceeding.2 In Sixarp, the Michigan Supreme Court reiterated previous appellate decisions in its reasoning that the Tribunal’s jurisdiction is statutory by nature. The Court stated: MCL 205.735a(3) “is not a notice statute, but is a jurisdictional statute that governs when and how a petitioner invokes the Tax Tribunal’s jurisdiction.” We therefore overrule Parkview3 to the extent that it incorrectly held that the protest requirement of . . . the precursor to MCL 205.735a . . . is a mere “procedural requirement for perfecting an appeal in the Tax Tribunal” and not an express limitation on the MTT’s jurisdiction. Instead, the protest requirement of MCL 205.735a(3) may only be waived by the court if necessary to remedy a constitutional due-process violation that deprived the taxpayer of their ability to invoke the right to protest.4 The Tribunal finds that the same reasoning relied upon by the Sixarp court is applicable in this case. The Legislature created a statutory jurisdiction prerequisite that an agricultural valuation be appealed to the March BOR prior to a petition being filed with the Tribunal. MCL 205.735a(3) controls the Tribunal’s jurisdiction over an appeal. The 1 See MCL 205.731. 2 See Sixarp, LLC v Byron Twp, __Mich __; __ NW3d __ (2025) (Docket No 166190) at 8. 3 Parkview Memorial Ass’n v City of Livonia, 183 Mich App 116; 454 NW2d 169 (1990). 4 See Sixarp at 8. (Citations omitted).
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MTT Docket No. 24-003952 Page 2 of 3 Tribunal has no equitable power to disregard a statutory filing deadline.5 “[S]imply because the plaintiffs' underlying claim has a constitutional dimension, and may even be meritorious, does not excuse the plaintiffs' failure to assert their claim within the applicable statutory period of limitation.”6 The Tribunal notes that the petition in this case contends that the March BOR acted upon the wrong parcel when considering Petitioner’s appeal. This contention of improper consideration, if actionable, would require a determination by an applicable authority that the purported error resulted in a due-process violation. As explained above, the Tribunal lacks any equitable authority to consider a potential due-process violation. Jurisdiction as a result of a failure of a unit of government to comply with a statutory obligation, if there was any, may be vested upon the Tribunal by a judicial body only as a matter of equity.7 Lacking jurisdiction, the only appropriate action is dismissal. Therefore, IT IS ORDERED that the case is DISMISSED. This order resolves all pending claims in this matter and closes this 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. 5 The Tribunal’s powers are limited to those authorized by statute and do not include powers of equity. See Federal-Mogul Corp v Dep’t of Treasury, 161 Mich App 346 (1987), Elec Data Sys Corp v Flint Twp, 253 Mich App 538 (2002), and VanderWerp v Plainfield Twp, 278 Mich App 624 (2008). 6 See Szymanski v City of Westland, 420 Mich 301, 303; 362 NW2d 224, 225 (1984). 7 See Sixarp at 4, 8. The court held respectively that “the Court of Appeals remedied the violation by vesting the MTT with jurisdiction to consider the exemption claim as a matter of equity” and that Petitioner was required to demonstrate that Respondent deprived it of its right to constitutional due process to invoke this court’s jurisdiction. (Emphasis added.)
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MTT Docket No. 24-003952 Page 3 of 3
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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 Coon Creek Farm, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003952 Township Of Ray, Respondent. ORDER SETTING ASIDE DEFAULT The Tribunal has reviewed the file in the above-captioned case and finds that Petitioner was held in default on October 23, 2024, for failing to file a copy of the notice giving rise to the appeal. Although default was not cured, a copy of the notice was submitted. As such, the default shall be cured. Therefore, IT IS ORDERED that the default is SET ASIDE. By_________________________________ Patricia L. Halm, Tribunal Chair Entered: December 20, 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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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 Coon Creek Farm, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003952 Township Of Ray, Respondent. ORDER SETTING ASIDE DEFAULT The Tribunal has reviewed the file in the above-captioned case and finds that Petitioner was held in default on October 23, 2024, for failing to file a copy of the notice giving rise to the appeal. Although default was not cured, a copy of the notice was submitted. As such, the default shall be cured. Therefore, IT IS ORDERED that the default is SET ASIDE. By_________________________________ Patricia L. Halm, Tribunal Chair Entered: December 20, 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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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 Coon Creek Farm, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003952 Township Of Ray, 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. 24-003952 Page 2 of 6 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 12, 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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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 Coon Creek Farm, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003952 Township Of Ray, 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
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MTT
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STAT
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Michigan Department of Treasury, 1019 (Rev, 11-23) THIS IS NOT A TAX BILL L-4400 Notice of Assessment, Taxable Valuation, and Property Classification This form is issued under the autharity of P.A. 206 of 1693, Sec. 211.24 (c) and Sec.211.34c, as amended. This is a model assessment notice to be used by the local assessor. FROM RAY TOWNSHIP ASSESSOR SHAWN BIERNAT 64255 WOLCOTT RAY TOWNSHIP MICHIGAN 48096 PARCEL IDENTIFICATION PARCEL NUMBER: 21-05-02-100-024 PROPERTY ADDRESS: 21950 32 MILE RD RAY TWP, MI 48096 OWNER'S NAME & ADDRESS/PERSON NAMED ON ASSESSMENT ROLL: COON CREEK FARM LLC PRINCIPAL RESIDENCE EXEMPTION % Exempt As "Homeowners Principal Residence™ .00% C/O STEPHEN ANDERSON % Exempt As "Qualified agricul) Property": 100.00% 22000 32 MILE RD % Exempt As "MBT Industrial Personal”: 00% RAY Mi 48096 % Exempt As "MBT Commercial Personal”: .00% Exempt As "Qualified Forest Property": O Yes X No Exempt As "Development Property: [JYes [X No LEGAL DESCRIPTION: T4N, R13E SEC 2 COMM AT NW COR SEC 2; TH §89*23'58"E 442.0 FT TO POB; TH CONT $89*23'58"E 468.22 FT: TH S00*12'46"W 545.48 FT, TH 889*23'58"E 165.0 FT; TH S00*12'46"W 1084.83 FT; TH S89*56'52"W 631.99 FT; TH N 415,19 FT: TH $88*14'00"E 108.14 FT; TH N 679.08 FT; TH N89"23'58"W 103.25 FT. TH N 545.48 TO POB. 20.010 A ACCORDING TO MCL 211.34c THIS PROPERTY IS CLASSIFIED AS: 402 (RESIDENTIAL-VACANT) PRIOR YEAR'S CLASSIFICATION IF DIFFERENT: 402 (RESIDENTIAL-VACANT) PRIOR AMOUNT CURRENT TENTATIVE SHANGE FROM YEAR: 2023 AMOUNT YEAR: 5024 CURRENT YEAR 1, TAXABLE VALUE: 74,504 126,000 51,406 2. ASSESSED VALUE: 127,500 126,000 1,500 3. TENTATIVE EQUALIZATION FACTOR: 1.000 | FT : Ee ; 4. STATE EQUALIZED VALUE (SEV): 127,500 126,000 -1,500 5. There WAS or WAS NOT a transfer of ownership on this property in2023 WAS 6. Assessor Change Reason(s): The 2024 Inflation rate Multiplier is: 1.05 Questions regarding the Notice of Assessment, Taxable Valuation, and Property Classification may be directed to the Following: Name: SHAWN BIERNAT Phone: (586)749-5171 Email Address: ASSESSOR@RAYTWP.ORG March Board of Review Appeal Information. The Board of Review will meet at the following dates and times: THE RAY TOWNSHIP BOARD OF REVIEW WILL BE HELD AT THE RAY TOWNSHIP HALL, 64255 WOLCOTT RD, RAY TWP; MI 48096 ON THE FOLLOWING DATES: TUES. MARCH 5, 2024 AT 9:30 AM (NO APPEALS WILL BE HEARD AT THIS ORGANIZATIONAL MEETING), MON, MARCH 11, 2024 AT 3:00 PM- 9:00 PM, TUES. MARCH 12, 2024 AT 9:00 AM-12:00 PM, & THUR, MARCH 14, 2024 AT 9:00 AM - 12:00 PM. AN APPOINTMENT IS REQUIRED FOR IN-PERSON APPEALS, WHICH CAN BE MADE BY CALLING (586) 749-5171. BY BOARD RESOLUTION, YOU MAY APPEAL IN WRITING BY MAIL OR EMAIL AT ASSESSOR@RAYTOWNSHIP.ORG (ALL WRITTEN APPEALS MUST BE RECEIVED BY 12:00 PM ON TUES, MARCH 12, 2024).
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11/07/2024 Valuation Report 11:32 AM DB: Ray Township 2024 21-05-02-100-024 2024 Est. T.C.V. COON CREEK FARM LIC Property Class: 402 21950 32 MILE RD Map #: RAY TOWNSHIP RAY TWP, MI 48096 * Land Value Estimates for Land Table 00011.ARMADA.RES * Factors * Description Frontage Depth Front Depth Rate $Adj. Reason Value ACREAGE TABLE 'A' 20.010 Acres 12,595 100 252,030 20.01 Total Acres Total Est. Land Value = 252,030 2024 Est. T.C.V. 21-05~02-100-024 = 252,030 Est, TCV/Total Floor Area = 0.00, Most recent sale 01/20/2023 for 195,000 2023 Assessed MBOR S.E.V. Base for Cap C.P.I. 127,500 127,500 127,500 74,594 5.00 2024 New Eq. Adjustment Loss Additions Tax Adjustment Losses 0 -1,500 0 0 51,406 0 2024 Assessed MBOR S.E.V. Capped ->Taxable<- PRE/MBT 126,000 126,000 126,000 78,323 126,000 126,000
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6E£2-LBITTThese are text excerpts, not the complete document. Text recognition and reading order can contain errors. Check the PDF for complete wording, formatting, and context.
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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. 24-003952 Section 1: Respondent’s Contact Information Filer Type: Local Unit of Government Township Of Ray (MACOMB) First Name Mark M.I. Last Name/Company Name/Unit of Government Lorkowski Mailing Address (No., Street, P.O. Box or Rural Route) 64255 Wolcott Rd City or Town Ray Township State Michigan ZIP Code 48096 Telephone Number 586-749-5171 Fax Number E-mail Address assessor@raytwp.org Section 2: Respondent’s Attorney/Authorized Representative’s Contact Information First Name Mark M.I. Last Name Lorkowski Firm Name (if any) Address (No., Street, P.O. Box or Rural Route) 64255 Wolcott Rd City or Town Ray Twp State Michigan ZIP Code 48096 Telephone Number 586-749-5171 Fax Number E-mail Address assessor@raytwp.org Section 3: Subject Property Information Does the subject property have a Principal Residence Exemption of 50% or more? No 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 Tax payer appealed an incorrect parcel number to the March Board of Review in 21-05-02-200-024 of which no such parcel number exists. The Board of Review acted on another parcel that the petitioner owns 21-05-02-100-025. There was no Board of Review appeal or action to the parcel on this appeal. 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)? No If yes, check which BOR Petitioner attended: If no, was the Notice of Assessment properly sent to Petitioner prior to the March BOR? *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? 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: 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?
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR 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: 24-003952 Classification of Property: Real Residential Current Assessed Value (also known as State Equalized Value) as established by the BOR: 126000 Current Taxable Value as established by the BOR: 126000 What do you believe is the fair market value (also known as True Cash Value)? 252000 Multiply the True Cash Value by. 5 and enter here. This is your contention of Assessed Value. 125000 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 Attorney/Authorized Representative’s Signature: /s/ Mark Lorkowski
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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 Coon Creek Farm, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003952 Township Of Ray, Respondent. ORDER OF DEFAULT The Tribunal has reviewed the file in the above-captioned case and finds that: Petitioner did not submit a copy of the notice giving rise to the appeal (i.e., notice of action taken by Board of Review, uncapping notice, PRE denial notice, final assessment notice, etc.), as required by TTR 277. As such, Petitioner must submit the notice within 14 days of the entry of this Order. 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 23, 2024 Patricia L. Halm, Tribunal Chair
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MTT Docket No. 24-003952 Page 2 of 4 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)
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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 Coon Creek Farm, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003952 Township Of Ray, Respondent. ORDER OF DEFAULT The Tribunal has reviewed the file in the above-captioned case and finds that: Petitioner did not submit a copy of the notice giving rise to the appeal (i.e., notice of action taken by Board of Review, uncapping notice, PRE denial notice, final assessment notice, etc.), as required by TTR 277. As such, Petitioner must submit the notice within 14 days of the entry of this Order. 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 23, 2024 Patricia L. Halm, Tribunal Chair
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MTT Docket No. 24-003952 Page 4 of 4 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)
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Page 1
RECEIVED
VE
SEP 06 2024
art
N
MICHIGAN TAX T RIBUNAL
STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
——
—
pone
DIRECTOR
PROPERTY TAX APPEAL PETITION FORM
VALUATION / EXEMPTION / CLASSIFICATION APPEAL
Do not use this form to appeal Principai 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.l.
Last Name/Company Name
Stephen
D
Anderson (Coon Creek Farm)
Mailing Address {No,, Street, P.O. Box or Rural Route)
22000 32 Mile Road
City or Town
State
ZIP Code
Ray
MI
[48096
Telephone Number
Fax Number
586-909-0994
E-mail Address {do not enter unless you want MTT to send all correspondence via e-mall)
cooncreekfarmgivingtree@gmail.com
stephen.andersonii1980@gmail.com
Section 2: Petitioner’s Attorney/Authorized Representative’s Contact Information
]
First Name
ML
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-mail Address {do not enter unless you want MTT to send all correspondence via e-mail)
Section 3: Subject Property information
How many
If you are appealing more than one parcel, are they contiguous or adjoining?
parcelsare you | [[] vest
[_] NoPage 2
STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON |. BROWN, DPA GOVERNOR LANSING DIRECTOR Section 4: Issues Being Appealed (check all that apply) [71 True Cash and Taxable Value [0 Poverty Exemption [d Taxable Value Only (calculation) [J Disabled Veterans Exemption [3 Uncapping of Taxable Value [J Eligible Manufacturing Personal Property (ESA) [} Exemption from Taxation (other than the denial of a [J Classification Principal Residence or Qualified Agricultural Exemption) Section 5: Explain the Reason for this Appeal tax appeal with Ray was applied to the wrong property address. Tax assessing panal denied the appeal due to the appeal not being applicable to the property they improperly applied it towards. Section 6: Jurisdictional Issues Year(s) you are appealing: 2024 Did you protest the assessment at a Board of Review (BOR)? [yf] Yes [No if Yes, check which BOR you attended AND attach the BOR decision: [] March [| July |] December If No, check the applicable reason(s): O Not required to attend 0 Assessment Change Notice was not received by Petitioner A Appealing a purported Clerical Error or Mutual Mistake of Fact (if yes, include explanation in Section 5)
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f= . STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON IL. BROWN, DPA GOVERNOR LANSING DIRECTOR Section 7: Valuation Information *use the multiple parcel form for additional, contiguous parcels. Parcel Identification Number: 21-05-02-100-024 Classification of Property: Real Personal (check one) i Agricultural Commercial industrial Residential Timber-Cutover Developmental Utility (check one) Current Assessed Value (also known as State Equalized Value) as established by the BOR: $126,000 | Current Taxable Value as established by the BOR: $126,000 allthough they did not review this property What do you believe is the fair market value (also known as True Cash Value)? $195,000 Multiply the True Cash Value by .5 and enter here. This is your contention of Assessed Value. $97,500 If you believe the Taxable Value differs from your contention of Assessed Value, enter your contention of Taxable Value. 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: Real Personal (check one) 0 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 Commercial Industrial Residential Timber-Cutover Developmental Utility (check one) if improved property, how is the property currently being used? If improved property, for what use was the property designed?
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STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON |. BROWN, DPA GOVERNOR LANSING DIRECTOR Fee Information Does the subject property have a Principal Residence Exemption of at least 50% as of the date of the filing of this petition? Yes [1 No Are you appealing ONLY the denial of a Poverty Exemption or Disabled Veterans Exemption? I] Yes v)] No If you answered yes to either or both of the above 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 Value
Page 5
a
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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 Coon Creek Farm, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003952 Township Of Ray, 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 23, 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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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 Coon Creek Farm, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003952 Township Of Ray, 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 23, 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
VE
SEP 06 2024
art
N
MICHIGAN TAX T RIBUNAL
STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
——
—
pone
DIRECTOR
PROPERTY TAX APPEAL PETITION FORM
VALUATION / EXEMPTION / CLASSIFICATION APPEAL
Do not use this form to appeal Principai 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.l.
Last Name/Company Name
Stephen
D
Anderson (Coon Creek Farm)
Mailing Address {No,, Street, P.O. Box or Rural Route)
22000 32 Mile Road
City or Town
State
ZIP Code
Ray
MI
[48096
Telephone Number
Fax Number
586-909-0994
E-mail Address {do not enter unless you want MTT to send all correspondence via e-mall)
cooncreekfarmgivingtree@gmail.com
stephen.andersonii1980@gmail.com
Section 2: Petitioner’s Attorney/Authorized Representative’s Contact Information
]
First Name
ML
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-mail Address {do not enter unless you want MTT to send all correspondence via e-mail)
Section 3: Subject Property information
How many
If you are appealing more than one parcel, are they contiguous or adjoining?
parcelsare you | [[] vest
[_] NoPage 2
STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON |. BROWN, DPA GOVERNOR LANSING DIRECTOR Section 4: Issues Being Appealed (check all that apply) [71 True Cash and Taxable Value [0 Poverty Exemption [d Taxable Value Only (calculation) [J Disabled Veterans Exemption [3 Uncapping of Taxable Value [J Eligible Manufacturing Personal Property (ESA) [} Exemption from Taxation (other than the denial of a [J Classification Principal Residence or Qualified Agricultural Exemption) Section 5: Explain the Reason for this Appeal tax appeal with Ray was applied to the wrong property address. Tax assessing panal denied the appeal due to the appeal not being applicable to the property they improperly applied it towards. Section 6: Jurisdictional Issues Year(s) you are appealing: 2024 Did you protest the assessment at a Board of Review (BOR)? [yf] Yes [No if Yes, check which BOR you attended AND attach the BOR decision: [] March [| July |] December If No, check the applicable reason(s): O Not required to attend 0 Assessment Change Notice was not received by Petitioner A Appealing a purported Clerical Error or Mutual Mistake of Fact (if yes, include explanation in Section 5)
Page 3
f= . STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON IL. BROWN, DPA GOVERNOR LANSING DIRECTOR Section 7: Valuation Information *use the multiple parcel form for additional, contiguous parcels. Parcel Identification Number: 21-05-02-100-024 Classification of Property: Real Personal (check one) i Agricultural Commercial industrial Residential Timber-Cutover Developmental Utility (check one) Current Assessed Value (also known as State Equalized Value) as established by the BOR: $126,000 | Current Taxable Value as established by the BOR: $126,000 allthough they did not review this property What do you believe is the fair market value (also known as True Cash Value)? $195,000 Multiply the True Cash Value by .5 and enter here. This is your contention of Assessed Value. $97,500 If you believe the Taxable Value differs from your contention of Assessed Value, enter your contention of Taxable Value. 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: Real Personal (check one) 0 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 Commercial Industrial Residential Timber-Cutover Developmental Utility (check one) if improved property, how is the property currently being used? If improved property, for what use was the property designed?
Page 4
STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON |. BROWN, DPA GOVERNOR LANSING DIRECTOR Fee Information Does the subject property have a Principal Residence Exemption of at least 50% as of the date of the filing of this petition? Yes [1 No Are you appealing ONLY the denial of a Poverty Exemption or Disabled Veterans Exemption? I] Yes v)] No If you answered yes to either or both of the above 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 Value
Page 5
a
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.