Debra Z Piper, Petitioner V Township Of Weldon, Respondent
- Petitioner
- Debra Z Piper
- Respondent
- Township Of Weldon
Case overview
- Docket number
- 24-003520-TT
- Status
- Disposed
- CaseType
- SC Property
- Division
- Small Claims Division
- County
- Benzie
- Judge
- Mulchay, Sean
Docket history
| Line # | Subject | Filer | Line Ref | Enter Date/Post Mark | Fee | Related Item |
|---|---|---|---|---|---|---|
| 15 | Final Opinion and Judgment | Not recorded | Not recorded | 11/14/2025 | Not recorded | Download |
| 14 | Proof of Service of Misc Documents was received. | PET | Not recorded | 09/29/2025 | Not recorded | Download |
| 13 | Exceptions were filed. | PET | Not recorded | 09/29/2025 | Not recorded | Download |
| 12 | Proposed Opinion and Judgment | Not recorded | Not recorded | 09/10/2025 | Not recorded | Download |
| 11 | Response to Order | RESP | Not recorded | 06/11/2025 | Not recorded | Download |
| 10 | Order Requiring Information | Not recorded | Not recorded | 06/10/2025 | Not recorded | Download |
| 9 | Hearing Completed | Not recorded | Not recorded | 04/22/2025 | Not recorded | Not recorded |
| 8 | Evidence was received. | PET | Not recorded | 03/31/2025 | Not recorded | Download |
| 7 | Notice of Hearing | Not recorded | Not recorded | 02/11/2025 | Not recorded | Download |
| 6 | A hearing has been scheduled | Not recorded | Not recorded | 02/11/2025 | Not recorded | Not recorded |
| 5 | Answer was received | RESP | Not recorded | 10/04/2024 | Not recorded | Download |
| 4 | Notice of Filing | Not recorded | Not recorded | 10/10/2024 | Not recorded | Download |
| 3 | Petition has been verified | PET | 1 | 09/23/2024 | Not recorded | Download |
| 2 | Notice of Docket Number SC | Not recorded | Not recorded | 09/23/2024 | Not recorded | Download |
| 1 | A petition was received. | PET | Not recorded | 06/13/2024 | $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 Debra Z Piper, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003520 Weldon Township, Presiding Judge Respondent. Patricia L. Halm FINAL OPINION AND JUDGMENT The Tribunal issued a Proposed Opinion and Judgment (POJ) on September 10, 2025. The POJ states, in pertinent part, “[t]he parties have 20 days from the ‘Entered’ date below to notify the Tribunal in writing, by mail or by electronic filing, if they do not agree with the POJ and to state in writing why they do not agree with the POJ (i.e., file exceptions to the POJ).” On September 29, 2025, Petitioner filed exceptions to the POJ. In the exceptions, Petitioner states that the POJ erroneously describes Petitioner’s contentions. Petitioner does not contest that she spent $700,000 renovating the subject property. However, the remaining construction loan balance was $238,718 as of January 1, 2022. It includes two items covered under Mathieu Gast – mechanicals (plumbing, heating, electric) in the amount of $96,000, and the kitchen cabinets, which had not yet been installed, at $38,718 of the $65,000 for interior woodwork. The remaining $104,000 balance was for insulation, drywall, and completing the project. The Tribunal should allocate $34,320, or 33% of this amount, for new construction in 2022, resulting in a TV increase of $17,160 for 2023. The subject’s 2022 TV was $173,813, and the 2023 TV should be $196,709, which is the prior-year TV multiplied by 1.033 plus $17,160. The property was fully completed, and the 2024 and 2025 TV should only increase by the inflation rate, resulting in values of $206,544 for 2024 and $216,871 for 2025. Respondent has not filed exceptions to the POJ or a response to Petitioner’s exceptions. The Tribunal has considered the exceptions and the case file and finds that the Administrative Law Judge (ALJ) properly considered the testimony and evidence submitted in rendering the POJ. Specifically, replacement of the mechanicals does not constitute “normal repairs, replacement, and maintenance” of that equipment under MCL 211.27(2)(h), (i), or (j), contrary to the contention in paragraph 32 of Petitioner’s affidavit and supporting documentation. The addition to the subject’s living space resulted in the expansion of the prior mechanicals into systems large enough to support the structure’s expanded square footage. Further, there cannot be “normal maintenance” when they are part of a “structural addition or completion” under the plain
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MTT Docket No. 24-003520 Page 2 of 4 language of MCL 211.27(2). Even where some components of a prior system might have been engineered into the overall design of an expanded mechanical unit, the overall reconfiguration of the entirety of the plumbing, heating, and electrical systems exceeds the scope of “normal repairs, replacement, and maintenance” allowed under statute. The POJ correctly found non-consideration is not appropriate for those improvements. Further, with respect to the claim of kitchen cabinetry described in the exceptions, the Tribunal finds that Petitioner is not timely raising this contention. Neither the exceptions nor the record reflects that this contention was timely raised prior to hearing. While Petitioner did identify cabinetry as a component it sought for non-consideration under MCL 211.27(2)(o), it failed to properly identify a time component for implementation of that evidence contrary to what was presented on the Form 865 and what was set forth by the parties at hearing. The exceptions do not cite to any evidence in support of the timing component except for the general loan balance, which cannot be reasonably construed by a finder of fact to support the timing of non-consideration of cabinetry without additional evidence or testimony in support. Consideration of a new contention after the completion of the hearing is not appropriate because it deprives Respondent of its opportunity to address any contention made by a party at a hearing held to determine the weight and credibility of the evidence. The POJ therefore did not err in implementing the cabinetry in accordance with the partial construction fraction used in the TV calculation. Given the above, Petitioner failed
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MT
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STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR DEBRA Z. PIPER ; MICHIGAN TAX TRIBUNAL Petitioner(s) h MTT Docket No.24-003520 TOWNSHIP OF WELDON p Respondent(s) PROOF OF SERVICE Linda J. Clark states that on Sept. 29, 2025 he/she [Name of person serving/mailing petition] [date of service] served a copy of the Petitioner's Exceptions to Opinion _ relative to the above-captioned matter upon: [Provide name and address of the party/people being served] Wyatt Crawford, Weldon Twp. Assessor P.O. Box 570 Thompsonville, MI 49683 Ads 9 : CR “Signature of person who is serving/mailing copy] Linda J. Clark, Assistant to Rachel L. Hillegonds [Print/type name of person serving/mailing copy] 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
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STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN ADMINISTRATIVE HEARING SYSTEM MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION DEBRA Z. PIPER, Tax Tribunal No. 24-003520 Petitioner, Parcel No. 12-101-004-00 v TOWNSHIP OF WELDON, Respondent. Rachel L. Hillegonds (P67684) Attorney for Petitioner Cunningham Dalman, P.C. 321 Settlers Road, PO Box 1767 Holland, MI 49422-1767 (616) 392-1821 PETITIONER’S EXCEPTIONS TO THE PROPOSED OPINION AND JUDGMENT Petitioner, Debra Z. Piper, through her attorneys Cunningham Dalman, PC, takes exception to the proposed Opinion and Judgment for the following reasons: 1. This appeal pertains to Petitioner’s property at 7854 Washtenaw Drive, Thompsonville, Michigan, tax parcel 12-101-004-00, located in Weldon Township, Benzie County (the “Property”). 2. The issue is whether the Mathieu Gast Act was properly considered and applied by the Assessor and the March Board of Review in determining the 2024 taxable value of the Property. 3. The 2024 value in question are as follows: TV Respondent’s (March BOR) Value $297,528 Petitioner’s Proposed Value $191,268 Value in Proposed Opinion $261,204
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4. The proposed Opinion and Judgment erroneously describes Petitioner’s contentions, and misapplies the facts: a. Petitioner does not contest that she spent $700,000 renovating the subject property. b. However, Petitioner’s records reflect she had a remaining balance on her construction contract of $238,718 as of January 1, 2022. This number included two line items which Petitioner argues should be subtracted (excluded) from the remaining cost because they are covered under the Mathieu Gast Act. First, the rough mechanicals of plumbing, heating and electric in the amount of $96,000, see “Rewiring”, “Plumbing fixtures”, “Light fixtures” and “Replace furnace + A’C + thermostat” on the Form 865 attached to Petitioner’s brief. Additionally, the kitchen cabinets had not yet been installed, which constituted $38,718 of the $65,000 on the Form 865 for “Replace dated interior woodwork”. The remaining balance of $104,000 was for insulation, drywall and completion of the project. 33% of this amount, $34,320, is what should be allocated for new construction in 2022, amounting to an increase of $17,160 in the taxable value in 2023. The taxable value of the Property in 2022 was $173,813, which was not objected to by Petitioner, so the taxable value in 2023 should have been increased to $196,709 ($173,813 x 1.033 + $17,160). Because the property was fully complete for the 2024 and 2025 tax years, the inflation rate multiplier would be applied to the 2023 TV, resulting in a revised TV of $206,544 for 2024 and $216,871 for 2025. c. Based on the above, the Taxable Value for 2024 should be $206,544, and the Taxable Value for 2025 should be $216,871. WHEREFORE, Petitioner requests that the Tribunal reject the proposed Opinion and Judgment and set the Taxable Value for 2024 at $206,544, and the Taxable Value for 2025 at $216,871. Dated: September 29, 2025 /s/ Rachel L. Hillegonds Rachel L. Hillegonds (P67684) Attorney for Petitioner Cunningham Dalman, P.C.
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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 Debra Z Piper, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003520 Weldon Township, Case Type: Valuation Respondent. PROPOSED OPINION AND JUDGMENT Personnel Presiding: Sean M. Mulchay, Administrative Law Judge Location of Hearing: Telephonic Hearing Hearing Held on: April 22, 2025 Appearances on Behalf of Petitioner: Rachel Hillegonds, Debra Piper, and David Detman Appearances on Behalf of Respondent: Wyatt Crawford PROPOSED JUDGMENT The subject property’s taxable value (TV) was not properly adjusted under MCL 211.27a. The subject property’s TV for the tax year at issue shall be as follows: Parcel Number: 12-101-004-00 Year TV 2024 $261,204 2025 $269,301 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. Petitioner filed a petition with the Tribunal on June 13, 2024, and Respondent filed an answer on October 4, 2024. The amount of state equalized value (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
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MTT Docket No. 24-003520 Page 2 of 10 Division.1 Further, the property’s assessment for subsequent tax years is included in this proceeding.2 ISSUES AND APPLICABLE LAW The issues in this matter are: 1. 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).3 2. Whether the changes to the property constitute additions under Proposal A or nonconsideration under Mathieu-Gast Home Improvement Act. MCL 211.27(2) states as follows: The assessor shall not consider the increase in true cash value that is a result of expenditures for normal repairs, replacement, and maintenance in determining the true cash value of property for assessment purposes until the property is sold. For the purpose of implementing this subsection, the assessor shall not increase the construction quality classification or reduce the effective age for depreciation purposes, except if the appraisal of the property was erroneous before nonconsideration of the normal repair, replacement, or maintenance, and shall not assign an economic condition factor to the property that differs from the economic condition factor assigned to similar properties as defined by appraisal procedures applied in the jurisdiction. The increase in value attributable to the items included in subdivisions (a) to (q) that is known to the assessor and excluded from true cash value must be indicated on the assessment roll. This subsection applies only to residential property. The following repairs are considered normal maintenance if they are not part of a structural addition or completion: (a) Outside painting. (b) Repairing or replacing siding, roof, porches, steps, sidewalks, or drives. (c) Repainting, repairing, or replacing existing masonry. (d) Replacing awnings. (e) Adding or replacing gutters and downspouts. (f) Replacing storm windows or doors. 1 See MCL 205.762(1). 2 See MCL 205.737(5)(b). 3 See MCL 211.34d.
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MTT Docket No. 24-003520 Page 3 of 10 (g) Insulating or weatherstripping. (h) Complete rewiring. (i) Replacing plumbing and light fixtures. (j) Replacing a furnace with a new furnace of the same type or replacing an oil or gas burner. (k) Repairing plaster, inside painting, or other redecorating. (l) New ceiling, wall, or floor surfacing. (m) Removing partitions to enlarge rooms. (n) Replacing an automatic hot water heater. (o) Replacing dated interior woodwork. (p) Installing, replacing, or repairing an alternative energy system, without regard to ownership of the system, with a generating capacity of not more than 150 kilowatts, the annual energy output of which
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MT
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RECEIVED JUN 16 2025 aE } Es MICHIGAN TAX TRIBUNAL STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR DIRECTOR Debra Z Piper } MICHIGAN TAX TRIBUNAL Petitioner(s) v MTT Docket No. 24-003520-TT Township of Weldon , Respondent(s) PROOF OF SERVICE Wyatt Crawford states that on 6/11/25 he/she [Name of person serving/mailing petition] [date of service] served a copy of the Record Cards and valuation statements relative to the above-captioned matter upon: [Provide name and address of the party/people being served] Rachel L Hillegonds rachel@cunninghamdalman.com 321 Settlers Rd, Holland, MI 49423 Wyatt Craton [Sigrdture of persof’who is serving/mailing copy] Wyatt Crawford [Print/type name of person serving/maiting copy]
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parcel Number:
12-101-004-00
Jurisdiction:
WELDON TOWNSHIP
County:
BENZIE
Printed on
06/10/2025
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12/13/1999
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Date
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7854
WASHTENAW
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BENZIE COUNTY CENTRAL
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10/21/1998
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32,500
140,900
173,400
:
120,257C
2020
32,500
141,900
174,400
118,597C
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2019
32.500
97,200
129,700;
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32,500
97,600:
130,100]
113,659C
*** Information herein deemed reliable but not guaranteed***Page 3
Residential Building
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Parcel Number:
12-101-004-00
Printed
on
06/10/2025
Building Type
{
(3)
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(cont.)
{
(11)
Heating/Cooling
(15)
Built-ins
(15)
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(16)
Porches/Decks;
(17)
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Interior
1 Story |ArealType
Year Built:
Mobile
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Car Capacity:
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Yr Built {Remodeled
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|
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Wall/Floox Furnace
Jacuzzi repl.Tub
|Page 4
Parcel
Page 5
Resi
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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 Debra Z Piper, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003520 Weldon Township, Presiding Judge Respondent. Patricia L. Halm ORDER REQUIRING INFORMATION The Tribunal has considered the file in this case and finds that additional information is required following the April 22, 2025 hearing, as the record lacks sufficient detail to allow the Tribunal to render a decision in this matter. Therefore, IT IS ORDERED that Respondent shall file the following within 14 days of the entry of this order: (1) the 2021-2024 property record cards and valuation reports for Parcel 12- 101-004-00, and (2) proof evidencing service of the documentation on Petitioner. Entered: June 10, 2025 By _____________________________ smm 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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Jeffrey K. Helder Lindsey Schoettle Gorsline* Ronald |. Vander Vean Rachall_Hillagnands Carole D. Bos Robert M. Howard CUNNINGHAM Randal. Seppe rie Randall S. Schipper Natashka W. Fris Susan E. Vroegop McKenna L. Bethke Gregory J. McCoy DALMAN rc re = El St Vincent L. Duckworth+ ge Counsel: Nicholas R. Dekker onald L. Dalman ATTORNEYS AT LAW Ubsrien Ares James A. Bidol Jennifer A. DeYoung Andrew J. Mulder John D. Fitzpatrick* Joel G. Bouwens Thomas J. Hillegonds David M. Zessin APR 0 3 2025 MICHIGAN TAX TRIBUNAL March 31, 2025 Michigan Tax Tribunal ATTN: Clerk P.O. Box 30232 Lansing, MI 48909 RE: Debra Z Piper; Docket No. 24-003520 Dear Clerk, Please find enclosed Petitioner’s Brief in Support of Petition with attachments, together with Proof of Service for filing in the above referenced matter. If you have any questions regarding this matter, please contact me. Thank you. Very truly yours, CUNNINGHAM DALMAN, P.C. N By Rachel L. Hillegond rachel@cunninghamdalman.com
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STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN ADMINISTRATIVE HEARING SYSTEM MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION DEBRA Z. PIPER, Tax Tribunal No. 24-003520 Petitioner, Parcel No. 12-101-004-00 v TOWNSHIP OF WELDON, Respondent. Rachel L. Hillegonds (P67684) Attorney for Petitioner Cunningham Dalman, P.C. 321 Settlers Road, PO Box 1767 Holland, MI 49422-1767 (616) 392-1821 Petitioner’s Brief in Support of Petition This appeal pertains to Petitioner’s property at 7854 Washtenaw Drive, Thompsonville, Michigan, tax parcel 12-101-004-00, located in Weldon Township, Benzie County (the “Property”. The issue is whether the Mathieu Gast Act was properly considered and applied by the Assessor and the March Board of Review in determining the 2024 taxable value of the Property. Petitioner argues that the addition to the taxable value of the Property in 2022 properly reflected an increase in value for the additions not covered by the Mathieu Gast Act, and no further additions to the taxable value should have occurred. Additionally, in the event this Tribunal
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and costs), and not in 2024 (at 2024 values and costs), because the work was fully finished in 2022. For these reasons, the taxable value of the Property is currently overstated. Procedural History In 2021, the taxable value of the Property was $120,257. The taxable value of the Property was increased to $173,813 in 2022, which reflected an increased the taxable value (not including permitted inflation rate) by $49,587. Petitioner did not object to that increase for reasons further explained below and in the Affidavit of Debra Piper, attached as Exhibit A (“Affidavit”). The additions, repairs and replacements to the home were fully completed in 2022. Exhibit A, § 21. The taxable value of the Property rose by the statutory cap of 5% in 2023, to $182,503. The taxable value of the Property rose to $374,728 in 2024, which reflected additions in the amount of $183,100. Petitioner appealed to the March Board of Review, arguing the Mathieu Gast Act was not properly considered and the Assessor's property card contained incorrect information. The March Board of Review reduced the taxable value of the Property to $297,528, which number includes the 5% inflation rate and additions of $105,900. In June of 2024, Petitioner filed this appeal. Facts and Argument The house on the Property is over 40 years old. See Exhibit A, § 3. Between 2021 and 2022, Petitioner, with the assistance of her builder, Dave Puccio at Portland Building Co. (the “Builder”), repaired and replaced much of the exterior of the house, including the roof, the deck, steps, sidewalks and drive, and the siding, windows, insulation, weatherstripping, and doors. See
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electrical wiring, replacing and updating mechanical equipment, repainting walls, and relocating certain rooms to resolve functional and structural problems. See Exhibit A, 4 5; Exhibit B, § 9. These repairs and replacements were necessitated by several structural and functional issues, in addition to certain interior elements of the house being over 40 years old and in need of basic updates. Exhibit B, § 10. This work was not part of the structural additions and constituted repairs and replacements expressly cited in Mathieu Gast Act (“Repairs and Replacements”). See Exhibit A, 1 6-12; Exhibit B, § 11-22. The Repairs and Replacements were necessary updates, and were normal for a 40 year old home in Benzie County. See Exhibit B, 4 27, 29. The house was originally
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approx
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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 Debra Z Piper, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No.: 24-003520 Township Of Weldon, Respondent. NOTICE OF TELEPHONE HEARING The Tribunal has scheduled a telephone hearing to be conducted as follows. Hearings are generally 30 minutes in length. HEARING DATE: April 22, 2025 HEARING TIME: 4:00 PM EST JOIN BY PHONE: 1-248-509-0316 ACCESS CODE: 569684142 This hearing will be held by telephone conference call with the Judge as the host. In order to join the hearing, call the phone number listed above at least 5 minutes prior to the hearing time. You will then be required to input the access code, followed by # to connect. The Tribunal judge will call in and join by phone at the hearing time. Failure to timely call in may result in the placement of a party or parties in default. 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. 24-003520 Page 2 of 12 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
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MTT
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M
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RECEIVED
be
OCT 6:8 2024
MIC
.
STATE OF MICHIGAN
HIGAN TAX TRIBUNAL
GRETGHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON |. BROWN, DPA
GOVERNOR
LANSING
DIRECTOR
PROPERTY TAX APPEAL ANSWER FORM
VALUATION / EXEMPTION / CLASSIFICATION APPEAL
MTT DOCKET NO. 24-003520
Section 1: Respondent’s Contact Information
First Name:
ML:
Last Name/Company Name/Unit of Government;
Township Of Weldon
Home Address (No., Street, P.O. Box or Rural Route):
County:
.
PO Box 570
Benzie
City or Town:
State:
ZIP Code:
Thompsonville
Mi
49683
Telephone Number:
Fax Number:
231-383-5356
E-mail Address {do not enter unless you want MTT to send all correspondence via email):
Section 2: Respondent’s Attorney/Authorized Representative’s Contact Information
I
First Name:
M.L:
Last Name:
Wyatt
Cc
Crawford
Firm Name (if any):
Address {No., Street, P.O. Box or Rural Route):
PO Box 570
City or Town:
State:
ZIP Code:
Thompsonville
MI
49683
Telephone Number:
Fax Number:
231-383-5356
E-mail Address (do not enter unless you want MTT to send all correspondence via email):
assessorweldon21@yahoo.com
Section 3: Subject Property Information
Does the subject property have a Principal Residence Exemption of 50% or more?
Oa Yes
No
Are the parcels listed by Petitioner contiguous or adjoining?
If not, list which parcels adjoin one another.Page 2
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
As the petitioner stated, there were extreme changes made to the property over the
course of two years. So much was changed that it was hard to even recognize the
scope of the changes until
| had a conversation with the petitioner during the March
Board of Review, and helped the Board to adjust the amount of new and additions
added to the property for 2024. The Board also corrected an error that was made by me
when sketching the new construction. Given the changes already made by the Board
and the petitioner's admission that the new construction was far beyond the scope of
what
| would consider “normal” for the purposes of The Mathieu Gast Act,
| stand by the
board's determination of the assessed value. Additionally,
| would argue that an
overwhelming majority of the changes that were described by the petitioner were
undeniably a part of the new additions and structural alterations performed and thus
exempt from the Non-Consideration stipulations of the Mathieu Gast Act.
| have also
included with this reply photos showing the extent of the changes to the property for the
MTT’s consideration.
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
0 No
If yes, check which BOR Petitioner attended: [4 March
[] July
[] December
If no, was the Notice of Assessment properly sent to Petitioner prior to the March BOR? O Yes
[i] 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? [ma] Yes
OJ No
If yes, cite the Board's authority.
Was the assessment(s) at issue established as the resuit of a clerical error or mutual mistake of fact?
Yes
[mn] No
If yes, explain
Part of the changes made at the March Board of Review were correcting an incorrect square footage value and
adjusting the depreciation of the structure based on information provided to the board.
is Petitioner appealing from a State Tax Commission Order?
0 Yes
no
{f so, what is the issue date?Page 3
STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS GOVERNOR LANSING MARLON I. BROWN, DPA DIRECTOR Did Petitioner request a Poverty Exemption at a BOR? [i] Yes O No If Yes, check which BOR Petitioner attended: OJ March a July O December List the date the BOR denied Petitioner's Poverty Exemption: IF PETITIONER 1S 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 [] No If Yes, check which BOR Petitioner attended: [J March [] duly [J] December 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: Real Personal (check one) a Agricuiturat
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STATE OF
Page 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 Debra Z Piper, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003520 Township Of Weldon, 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. 24-003520 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: October 10, 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 Debra Z Piper, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003520 Township Of Weldon, 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
Page 4
MT
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CUNNINGHAM DALMAN rc ATTORNEYS AT LAW Michigan Tax Tribunal ATTN: Clerk P.O. Box 30232 Lansing, MI 48909 June 13, 2024 Jeffrey K. Helder Ronald J. Vander Veen Carole D. Bos Bradley K. Glazier Randall S. Schipper Susan E. Vroegop Gregory J. McCoy P. Haans Mulder Vincent L. Duckworth+ Nicholas R. Dekker Jessica Arends Jennifer A. DeYoung John D. Fitzpatrick* Thomas J. Hillegonds Lindsey Schoettle Gorsline™ Derek W. Dalman Rachel L. Hillegonds Robert M. Howard Carl Thorwall Of Counsel: Ronald L. Dalman James A. Bidol Andrew J. Mulder Joel G. Bouwens David M. Zessin RE: Property Tax Appeal Petition Form — Valuation/Exemption/Classification Appeal; Weldon Township, Benzie County Property: PP#12-101-004-00 Dear Clerk: Enclosed for filing please find the Property Tax Appeal Petition Form signed by Petitioner Debra Z. Piper, as well as my signature as the attorney for the Petitioner. Also enclosed please find our check in the amount of $200, payable to the State of Michigan, representing your filing fee. Please contact me if you have any questions regarding this matter. Thank you. Very truly yours, Buchel £, Fillegonds Rachel L. Hillegonds rachel@cunninghamdalman.com RLH/ljc
Page 2
STATE OF MICHIGAN
GRETCHEN WHITMER
GOVERNOR
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
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.
submit this document, you may be held in defauit.
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 Smali Claims Petition, if applicable. If you do not
Section 1: Petitioner’s Contact Information
810-618-2607
First Name
Mi
Last Name/Company Name
Debra
4
Piper
Mailing Address (No., Street, P.O. Box or Rural Route}
7540 Ore Knob Drive
Clty or Town
State
ZIP Code
Fenton
Mi
48430
Telephone Number
Fax Number
ddeapiper@gmail.com
E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail)
Representative’s Contact Information
First Name
Rachel
Section 2: Petitioner’s Attorney/Authorized
}
M.I
L.
Last Name
Hillegonds
Firm Name (if any) Cunnningham Dalman, P.C.
Address (No., Street, £.0. Box or Rural Route)
321 Settlers Road
616-392-1821
City or Town
State
2IP Code
Holland
MI
49423
Telephone Number
Fax Number
616-392-4769
rachel@cunninghamdalman.com
E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail)
Section 3: Subject Property Information
How many
parcels are you
appealing?
OJ vest
[J nor
If you are appealing more than one parcel, are they contiguous or adjoining?
*If yes, use a multiple parcel form for information regarding any contiguous parcels.
*+if no, you must file separate appeals for each non-contiguous or non-adjoining parcel or you will be defaulted.
MARLON
|. BROWN, DPAPage 3
al el Uses 2a 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) [O True Cash and Taxable Value [O Poverty Exemption [ Taxable Value Only (calculation) [O Disabled Veterans Exemption [Vl Uncapping of Taxable Value O Eligible Manufacturing Personal Property (ESA) [J Exemption from Taxation (other than the denial of a [O Classification Principal Residence or Qualified Agricultural Exemption) Section 5: Explain the Reason for this Appeal The Matthieu Gast Act was not properly considered by the Assessor or the March Board of Review in determining 2024 taxable value of the property. Between 2021 and 2023, the petitioner repaired and replaced much of the exterior of the house - the roof, the deck, steps, sidewalks and drive, and the siding, windows, insulation, weatherstripping, and doors, in a 40-year old home. The work completed which was not part of the structural addition were repairs and replacements expressly cited in Matthieu Gast Act. Although a Form 865 was not previously submitted by the petitioner, a copy of the Form 865 is attached for purposes of supporting the non-consideration items. The Matthieu Gast Act provides for mandatory non-consideration of such items, regardless of whether a Form 865 was submitted. The house was originally approximately 2,049 square feet (4 bedrooms, 3 baths), and only
Page 4
ST
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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 Debra Z Piper, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003520 Township Of Weldon, Respondent. NOTICE OF DOCKET NUMBER TAKE NOTICE that a Small Claims petition has been filed and the above-noted docket number has been assigned to that petition. The assignment of the docket number does not mean that the Tribunal has authority over the petition or that the petition complies with the Tribunal’s rules. The docket number needs to be included on all documents submitted in this case. Respondent shall file an answer to the petition within 28 days of the issuance of a copy of this Notice to Respondent. Tribunal answer forms are available on our website at www.michigan.gov/taxtrib. Respondents must utilize the appropriate answer form. Failure to file the answer within the 28-day time frame may result in the placement of Respondent in default, as provided by TTR 279. Further, an electronic copy of the petition can be reviewed by utilizing the Docket Lookup Search on the Tribunal’s website. By: __Tribunal Clerk_____ Entered: September 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
Page 2
STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR MICHIGAN TAX TRIBUNAL · 611 W. OTTAWA ST., LANSING, MI 48933 · 517-335-9760 PO BOX 30232, LANSING, MI 48909 · Other Carriers: 2407 N. GRAND RIVER AVE., LANSING, MI 48906 Debra Z Piper, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003520 Township Of Weldon, Respondent. NOTICE OF DOCKET NUMBER TAKE NOTICE that a Small Claims petition has been filed and the above-noted docket number has been assigned to that petition. The assignment of the docket number does not mean that the Tribunal has authority over the petition or that the petition complies with the Tribunal’s rules. The docket number needs to be included on all documents submitted in this case. Respondent shall file an answer to the petition within 28 days of the issuance of a copy of this Notice to Respondent. Tribunal answer forms are available on our website at www.michigan.gov/taxtrib. Respondents must utilize the appropriate answer form. Failure to file the answer within the 28-day time frame may result in the placement of Respondent in default, as provided by TTR 279. Further, an electronic copy of the petition can be reviewed by utilizing the Docket Lookup Search on the Tribunal’s website. By: __Tribunal Clerk_____ Entered: September 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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CUNNINGHAM DALMAN rc ATTORNEYS AT LAW Michigan Tax Tribunal ATTN: Clerk P.O. Box 30232 Lansing, MI 48909 June 13, 2024 Jeffrey K. Helder Ronald J. Vander Veen Carole D. Bos Bradley K. Glazier Randall S. Schipper Susan E. Vroegop Gregory J. McCoy P. Haans Mulder Vincent L. Duckworth+ Nicholas R. Dekker Jessica Arends Jennifer A. DeYoung John D. Fitzpatrick* Thomas J. Hillegonds Lindsey Schoettle Gorsline™ Derek W. Dalman Rachel L. Hillegonds Robert M. Howard Carl Thorwall Of Counsel: Ronald L. Dalman James A. Bidol Andrew J. Mulder Joel G. Bouwens David M. Zessin RE: Property Tax Appeal Petition Form — Valuation/Exemption/Classification Appeal; Weldon Township, Benzie County Property: PP#12-101-004-00 Dear Clerk: Enclosed for filing please find the Property Tax Appeal Petition Form signed by Petitioner Debra Z. Piper, as well as my signature as the attorney for the Petitioner. Also enclosed please find our check in the amount of $200, payable to the State of Michigan, representing your filing fee. Please contact me if you have any questions regarding this matter. Thank you. Very truly yours, Buchel £, Fillegonds Rachel L. Hillegonds rachel@cunninghamdalman.com RLH/ljc
Page 2
STATE OF MICHIGAN
GRETCHEN WHITMER
GOVERNOR
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
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.
submit this document, you may be held in defauit.
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 Smali Claims Petition, if applicable. If you do not
Section 1: Petitioner’s Contact Information
810-618-2607
First Name
Mi
Last Name/Company Name
Debra
4
Piper
Mailing Address (No., Street, P.O. Box or Rural Route}
7540 Ore Knob Drive
Clty or Town
State
ZIP Code
Fenton
Mi
48430
Telephone Number
Fax Number
ddeapiper@gmail.com
E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail)
Representative’s Contact Information
First Name
Rachel
Section 2: Petitioner’s Attorney/Authorized
}
M.I
L.
Last Name
Hillegonds
Firm Name (if any) Cunnningham Dalman, P.C.
Address (No., Street, £.0. Box or Rural Route)
321 Settlers Road
616-392-1821
City or Town
State
2IP Code
Holland
MI
49423
Telephone Number
Fax Number
616-392-4769
rachel@cunninghamdalman.com
E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail)
Section 3: Subject Property Information
How many
parcels are you
appealing?
OJ vest
[J nor
If you are appealing more than one parcel, are they contiguous or adjoining?
*If yes, use a multiple parcel form for information regarding any contiguous parcels.
*+if no, you must file separate appeals for each non-contiguous or non-adjoining parcel or you will be defaulted.
MARLON
|. BROWN, DPAPage 3
al el Uses 2a 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) [O True Cash and Taxable Value [O Poverty Exemption [ Taxable Value Only (calculation) [O Disabled Veterans Exemption [Vl Uncapping of Taxable Value O Eligible Manufacturing Personal Property (ESA) [J Exemption from Taxation (other than the denial of a [O Classification Principal Residence or Qualified Agricultural Exemption) Section 5: Explain the Reason for this Appeal The Matthieu Gast Act was not properly considered by the Assessor or the March Board of Review in determining 2024 taxable value of the property. Between 2021 and 2023, the petitioner repaired and replaced much of the exterior of the house - the roof, the deck, steps, sidewalks and drive, and the siding, windows, insulation, weatherstripping, and doors, in a 40-year old home. The work completed which was not part of the structural addition were repairs and replacements expressly cited in Matthieu Gast Act. Although a Form 865 was not previously submitted by the petitioner, a copy of the Form 865 is attached for purposes of supporting the non-consideration items. The Matthieu Gast Act provides for mandatory non-consideration of such items, regardless of whether a Form 865 was submitted. The house was originally approximately 2,049 square feet (4 bedrooms, 3 baths), and only
Page 4
ST
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