Distro 10 Inc, Petitioner Vs. City Of Warren, Respondent
- Petitioner
- Distro 10 Inc
- Respondent
- City Of Warren
Case overview
- Docket number
- 25-001898-TT
- Status
- Disposed
- CaseType
- ET Property
- Division
- ET
- County
- Macomb
- Judge
- No judge assigned
Docket history
| Line # | Subject | Filer | Line Ref | Enter Date/Post Mark | Fee | Related Item |
|---|---|---|---|---|---|---|
| 16 | Order of Dismissal | Not recorded | Not recorded | 09/17/2025 | Not recorded | Download |
| 15 | Granted | RESP | 11 | 09/17/2025 | Not recorded | Download |
| 14 | Order granting Motion. | Not recorded | 11 | 09/17/2025 | Not recorded | Download |
| 13 | Notice of No Action | Not recorded | 12 | 09/10/2025 | Not recorded | Download |
| 12 | A response to motion was filed. | PET | Not recorded | 09/10/2025 | Not recorded | Download |
| 11 | Motion for Reconsideration was received. | RESP | Not recorded | 08/20/2025 | $50.00 | Download |
| 10 | Order Setting Aside P Default | Not recorded | Not recorded | 08/15/2025 | Not recorded | Download |
| 9 | Response to Order | PET | Not recorded | 08/04/2025 | $450.00 | Download |
| 8 | Order Holding Petitioner in Default | Not recorded | Not recorded | 07/30/2025 | Not recorded | Download |
| 7 | Petition has been verified | PET | 2 | 07/30/2025 | Not recorded | Download |
| 6 | Notice of Docket Number ET | Not recorded | Not recorded | 07/30/2025 | Not recorded | Download |
| 5 | Answer was received | Not recorded | Not recorded | 06/27/2025 | Not recorded | Download |
| 4 | ET Case Info Sheet | Not recorded | Not recorded | 06/27/2025 | Not recorded | Download |
| 3 | Proof of service of petition was received. | PET | Not recorded | 05/30/2025 | Not recorded | Download |
| 2 | A petition was received. | PET | Not recorded | 05/30/2025 | Not recorded | Download |
| 1 | ET Case Info Sheet | Not recorded | Not recorded | 05/30/2025 | $150.00 | 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 Distro 10 Inc, MICHIGAN TAX TRIBUNAL Petitioner, v MTT Docket No. 25-001898 City of Warren, Presiding Judge Respondent. Patricia L. Halm ORDER GRANTING MOTION FOR RECONSIDERATION ORDER OF DISMISSAL On August 20, 2025, Respondent filed a motion requesting that the Tribunal reconsider the Order Holding Petitioner in Default entered in this case on July 30, 2025, which also noted that dismissal of the case was not appropriate despite not being filed within 35 days of the March Board of Review (BOR) decision because the decision did not cite the specific 35-day deadline for eligible manufacturing personal property (EMPP) exemption appeals.1 In the motion, Respondent states that the BOR decision did not provide any inaccurate appeal information, and Petitioner’s obvious knowledge of MCL 211.9m and MCL 211.9n (via its request for exemption under said statutes) put it on notice of the need to appeal to the Tribunal within 35 days. Further, the Supreme Court made it clear in Sixarp, LLC v Byron Twp,2 that the Tribunal has no equitable power and therefore cannot waive a statutory filing deadline; the Supreme Court only examined the due process issue in that case to see if the taxpayer could invoke its own judicial power to waive the jurisdictional requirements. If Petitioner believes its due process has been violated, relief must be sought from a judicial body with powers of equity and the authority to consider such constitutional questions. The Tribunal has considered the motion and the case file and finds that Respondent has demonstrated a palpable error relative to the Order Holding Petitioner in Default that misled the Tribunal and the parties and that would have resulted in a different disposition if the error was corrected.3 Specifically, upon further review and examination of the Supreme Court’s decision in Sixarp, the Tribunal agrees with Respondent’s interpretation of that case. The Supreme Court confirmed therein that MCL 205.735a “is not a notice statute, but is a jurisdictional statute that governs when and how a petitioner invokes the Tax Tribunal's jurisdiction.”4 It notably held that the protest requirement of MCL 205.735a is not merely a procedural requirement for 1 The BOR decision only referenced the May 31 deadline for commercial properties. 2 Sixarp, LLC v Byron Twp, __Mich__; __NW3d__ (2025). 3 See MCR 2.119(F)(3). A palpable error is one that is “easily perceptible, plain, obvious, readily visible, noticeable, patent, distinct, or manifest.” Luckow v Luckow, 291 Mich App 417, 426 (2011) (quotation marks and citation omitted). 4 Sixarp, at 8 (quotation marks and citation omitted).
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MTT Docket No. 25-001898 Page 2 of 4 perfecting an appeal before the Tribunal, but that it is an “express limitation” on its jurisdiction.5 The Court further held that this requirement “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.”6 In so holding, the Supreme Court stated that it agreed with the Tribunal “that it could not exercise jurisdiction because the Township's assessor denied the exemption before the Board met, and [the taxpayer] failed to file an appeal with the Board.”7 It further stated that “the MTT correctly explained that ‘because the Tribunal has no equitable power to waive
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MT
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STATE OF MICHIGAN MICHIGAN TAX TRIBUNAL DISTRO 10, INC., Petitioner, v CITY OF WARREN, Respondent. Docket No. 25-001898 Parcel No. 12-99-02-217-200 _____________________________________________________________________________/ ALAN SHAMOUN (P76992) JAMILA J. GARMO (P85952) Attorneys for Petitioners 21445 Hoover Road, Suite 101 Warren, MI 48089 (248)808-5222 LAURA M. HALLAHAN (P42101) SETH A. O’LOUGHLIN (P80257) KELSEA M. MELCHER (P85821) HALLAHAN & ASSOCIATES, P.C. Attorneys for Respondent 1750 S. Telegraph Road, Suite 202 Bloomfield Hills, MI 48302 (248) 731-3089 _____________________________________________________________________________/ RESPONDENT’S MOTION FOR PARTIAL RECONSIDERATION OF THE TRIBUNAL’S JULY 30, 2025 ORDER HOLDING PETITIONER IN DEFAULT Respondent, City of Warren, by and through its counsel, Hallahan & Associates, P.C., states the following in support of the above captioned Motion: 1. Notice was issued to Petitioner on March 30, 2025 (hereinafter Board of Review’s Notice) that the March Board of Review had denied Petitioner’s appeal request for the Eligible Manufacturing Personal Property (hereinafter EMPP) exemption due to insufficient evidence.1 2. Petitioner subsequently filed a Petition with the Tribunal on May 30, 2025 appealing the aforementioned denial of its requested EMPP exemption under MCL 211.9m and/or MCL 211.9n.2 1 Docket entry no. 2 at Exhibit B. 2 Id.
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2 3. On July 30, 2025, the Tribunal issued an Order Holding Petitioner in Default based on Petitioner’s failure to “pay the full required petition filing fee under Tribunal rules.”3 4. The Order went on to further state: [T]he Tribunal finds that dismissal is not appropriate at this time. Specifically, the petition was not filed within 35 days of the March Board of Review (BOR) decision as required by MCL 211.9m(2)(c). However, the BOR decision incorrectly states or implies that the appeal of commercial property was required to be filed with the Tribunal by May 31 and does not reference the more specific EMPP appeal deadline under statute. The notice of denial is not constitutionally sufficient if it does not include information about the appeal of that denial notice. See Six[a]rp LLC v Byron Twp, __ NW3d __ (2025 WL 921773) (2025). Here, while information was included, that information was not correct. Petitioner did submit the petition within the time period provided by the incorrect notice.4 5. Respondent seeks reconsideration of the Tribunal’s conclusion Petitioner did not receive constitutionally sufficient notice as well as that dismissal of the above captioned appeal is not appropriate at this time. Grounds for Reconsideration 6. TTR 261(1) provides that the Tribunal “may order a rehearing or reconsideration of any decision or order upon its own initiative or motion filed within 21 days after the entry of the decision or order sought to be reheard or reconsidered.” 7. However, TTR 261(1) does not set forth an applicable standard of review nor does any other Tribunal rule. As such, pursuant to TTR 201(5), MCR 2.119(F)(3) provides the applicable standard. 8. MCR 2.119(F)(3) states, in pertinent part, “a motion for rehearing or reconsideration which merely presents the same issues ruled on by the court, either expressly or 3 Docket entry no. 8. 4 Id.
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3 by reasonable implication, will not be granted. The moving party must demonstrate a palpable error by which the court and the parties have been misled and show that a different disposition of the motion must result from correction of the error.” 9. A palpable error has been defined as an error which is “easily perceptible, plain,
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4 Tribuna
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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 Distro 10 Inc, MICHIGAN TAX TRIBUNAL Petitioner, v MTT Docket No. 25-001898 City of Warren, Presiding Judge Respondent. Patricia L. Halm ORDER GRANTING MOTION FOR RECONSIDERATION ORDER OF DISMISSAL On August 20, 2025, Respondent filed a motion requesting that the Tribunal reconsider the Order Holding Petitioner in Default entered in this case on July 30, 2025, which also noted that dismissal of the case was not appropriate despite not being filed within 35 days of the March Board of Review (BOR) decision because the decision did not cite the specific 35-day deadline for eligible manufacturing personal property (EMPP) exemption appeals.1 In the motion, Respondent states that the BOR decision did not provide any inaccurate appeal information, and Petitioner’s obvious knowledge of MCL 211.9m and MCL 211.9n (via its request for exemption under said statutes) put it on notice of the need to appeal to the Tribunal within 35 days. Further, the Supreme Court made it clear in Sixarp, LLC v Byron Twp,2 that the Tribunal has no equitable power and therefore cannot waive a statutory filing deadline; the Supreme Court only examined the due process issue in that case to see if the taxpayer could invoke its own judicial power to waive the jurisdictional requirements. If Petitioner believes its due process has been violated, relief must be sought from a judicial body with powers of equity and the authority to consider such constitutional questions. The Tribunal has considered the motion and the case file and finds that Respondent has demonstrated a palpable error relative to the Order Holding Petitioner in Default that misled the Tribunal and the parties and that would have resulted in a different disposition if the error was corrected.3 Specifically, upon further review and examination of the Supreme Court’s decision in Sixarp, the Tribunal agrees with Respondent’s interpretation of that case. The Supreme Court confirmed therein that MCL 205.735a “is not a notice statute, but is a jurisdictional statute that governs when and how a petitioner invokes the Tax Tribunal's jurisdiction.”4 It notably held that the protest requirement of MCL 205.735a is not merely a procedural requirement for 1 The BOR decision only referenced the May 31 deadline for commercial properties. 2 Sixarp, LLC v Byron Twp, __Mich__; __NW3d__ (2025). 3 See MCR 2.119(F)(3). A palpable error is one that is “easily perceptible, plain, obvious, readily visible, noticeable, patent, distinct, or manifest.” Luckow v Luckow, 291 Mich App 417, 426 (2011) (quotation marks and citation omitted). 4 Sixarp, at 8 (quotation marks and citation omitted).
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MTT Docket No. 25-001898 Page 2 of 4 perfecting an appeal before the Tribunal, but that it is an “express limitation” on its jurisdiction.5 The Court further held that this requirement “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.”6 In so holding, the Supreme Court stated that it agreed with the Tribunal “that it could not exercise jurisdiction because the Township's assessor denied the exemption before the Board met, and [the taxpayer] failed to file an appeal with the Board.”7 It further stated that “the MTT correctly explained that ‘because the Tribunal has no equitable power to waive
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MT
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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 Distro 10 Inc, MICHIGAN TAX TRIBUNAL Petitioner, ENTIRE TRIBUNAL v MTT Docket No. 25-001898 City of Warren, Respondent. NOTICE OF NO ACTION TAKE NOTICE that Petitioner has filed a response to the Motion for Reconsideration filed in this case. TTR 261 precludes a response to a motion for reconsideration “unless otherwise provided by the tribunal;” and leave to file a response has not been requested. As such, no action shall be taken on the unauthorized pleading and a copy of the filed reply will not be retained by the Tribunal. Entered: September 10, 2025 By: Tribunal Clerk 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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1 STATE OF MICHIGAN MICHIGAN TAX TRIBUNAL DISTRO 10, INC., Petitioner, v Docket No. 25-001898 Parcel No. 12-99-02-217-200 CITY OF WARREN, Respondent. __________________________________________________________________________/ ALAN SHAMOUN (P76992) LAURA M. HALLAHAN (P42101) JAMILA J. GARMO (P85952) SETH A. O’LOUGHLIN (P80257) Attorneys for Petitioner KELSEA M. MELCHER (P85821) 21445 Hoover Road, Suite 101 HALLAHAN & ASSOCIATES, P.C. Warren, MI 48089 Attorneys for Respondent (248)808-5222 1750 S. Telegraph Road, Suite 202 Bloomfield Hills, MI 48302 (248)731-3089 __________________________________________________________________________/ PETITIONER’S RESPONSE IN OPPOSITION TO RESPONDENT’S MOTION FOR PARTIAL RECONSIDERATION NOW COMES Petitioner, DISTRO 10, INC., by and through counsel, Alan Shamoun and Jamila J. Garmo, and for its Response in Opposition to Respondent’s Motion for Partial Reconsideration, states: I. INTRODUCTION 1. Petitioner received the March Board of Review (“BOR”) notice dated March 20, 2025, which stated that Petitioner had until May 31, 2025 to file its appeal with the Michigan Tax Tribunal for the Eligible Manufacturing Personal Property (“EMPP”).1 2. Petitioner’s reliance on the notice from the March BOR led the Petitioner to believe that it had until the due date stated in the notice and satisfied this requirement by filing one day prior, on May 30, 2025.2 1 Docket Entry No. 2 at Exhibit D. 2 Id.
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2 3. On July 30, 2025, the Tribunal issued an Order Holding Petitioner in Default for an underpayment of the filing fees (which was timely cured and default was set-aside) and identified that Petitioner’s filing was not timely filed within the 35 days from the date in which the March BOR Notice was sent.3 4. The Tribunal determined that dismissal of the Petition was “not appropriate at this time…[since] the BOR decision incorrectly states or implies that the appeal of commercial property was required to be filed with the Tribunal by May 31 and does not reference the more specific EMPP appeal deadline under statute”.4 5. Respondent filed a Motion for Reconsideration that Petitioner, first, did not receive constitutionally sufficient notice of the filing deadline and, second, that the dismissal of the Petition was not appropriate at this time.5 II. LEGAL STANDARD 6. MCR 2.119(F)(3) explicitly prohibits rehearing when the motion “merely presents the same issues ruled on…either expressly or by reasonable implication.” The moving party must show both (1) a palpable error, and (2) that correction would compel a different outcome.6 7. A “palpable error” is defined as an error which is “easily perceptible, plain, obvious, readily visible, noticeable, patent, distinct, manifest.”7 III. NO NEW ISSUES PRESENTED BY RESPONDENT 8. Respondent’s motion offers no new issues and no showing of palpable error, it fails at the threshold. On this procedural ground alone, the Tribunal should deny reconsideration without revisiting the merits. 9. Respondent’s Motion for Reconsideration misapplies the Sixarp ruling by misstating key facts and selectively reading Sixarp while ignoring its preservation of the due process exception applied here. 3 See MCL 211.9m(2)(c). 4 Docket Entry No. 8. 5 Docket Entry No. 11. 6 Luckow v. Luckow, 291 Mich App 417, 426 (2011). 7 Id.
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3 IV. NO PRESENCE OF PALPABLE ERROR 10. The Tribunal correctly found the March 20, 2025 BOR Notice failed to meet constitutional due process standards and the specific statutory requirements in MCL 211.9m and MCL 211.9n. 11. The BOR Notice had an affirmative misstatement of
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STATE OF MICHIGAN MICHIGAN TAX TRIBUNAL DISTRO 10, INC., Petitioner, v CITY OF WARREN, Respondent. Docket No. 25-001898 Parcel No. 12-99-02-217-200 _____________________________________________________________________________/ ALAN SHAMOUN (P76992) JAMILA J. GARMO (P85952) Attorneys for Petitioners 21445 Hoover Road, Suite 101 Warren, MI 48089 (248)808-5222 LAURA M. HALLAHAN (P42101) SETH A. O’LOUGHLIN (P80257) KELSEA M. MELCHER (P85821) HALLAHAN & ASSOCIATES, P.C. Attorneys for Respondent 1750 S. Telegraph Road, Suite 202 Bloomfield Hills, MI 48302 (248) 731-3089 _____________________________________________________________________________/ RESPONDENT’S MOTION FOR PARTIAL RECONSIDERATION OF THE TRIBUNAL’S JULY 30, 2025 ORDER HOLDING PETITIONER IN DEFAULT Respondent, City of Warren, by and through its counsel, Hallahan & Associates, P.C., states the following in support of the above captioned Motion: 1. Notice was issued to Petitioner on March 30, 2025 (hereinafter Board of Review’s Notice) that the March Board of Review had denied Petitioner’s appeal request for the Eligible Manufacturing Personal Property (hereinafter EMPP) exemption due to insufficient evidence.1 2. Petitioner subsequently filed a Petition with the Tribunal on May 30, 2025 appealing the aforementioned denial of its requested EMPP exemption under MCL 211.9m and/or MCL 211.9n.2 1 Docket entry no. 2 at Exhibit B. 2 Id.
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2 3. On July 30, 2025, the Tribunal issued an Order Holding Petitioner in Default based on Petitioner’s failure to “pay the full required petition filing fee under Tribunal rules.”3 4. The Order went on to further state: [T]he Tribunal finds that dismissal is not appropriate at this time. Specifically, the petition was not filed within 35 days of the March Board of Review (BOR) decision as required by MCL 211.9m(2)(c). However, the BOR decision incorrectly states or implies that the appeal of commercial property was required to be filed with the Tribunal by May 31 and does not reference the more specific EMPP appeal deadline under statute. The notice of denial is not constitutionally sufficient if it does not include information about the appeal of that denial notice. See Six[a]rp LLC v Byron Twp, __ NW3d __ (2025 WL 921773) (2025). Here, while information was included, that information was not correct. Petitioner did submit the petition within the time period provided by the incorrect notice.4 5. Respondent seeks reconsideration of the Tribunal’s conclusion Petitioner did not receive constitutionally sufficient notice as well as that dismissal of the above captioned appeal is not appropriate at this time. Grounds for Reconsideration 6. TTR 261(1) provides that the Tribunal “may order a rehearing or reconsideration of any decision or order upon its own initiative or motion filed within 21 days after the entry of the decision or order sought to be reheard or reconsidered.” 7. However, TTR 261(1) does not set forth an applicable standard of review nor does any other Tribunal rule. As such, pursuant to TTR 201(5), MCR 2.119(F)(3) provides the applicable standard. 8. MCR 2.119(F)(3) states, in pertinent part, “a motion for rehearing or reconsideration which merely presents the same issues ruled on by the court, either expressly or 3 Docket entry no. 8. 4 Id.
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3 by reasonable implication, will not be granted. The moving party must demonstrate a palpable error by which the court and the parties have been misled and show that a different disposition of the motion must result from correction of the error.” 9. A palpable error has been defined as an error which is “easily perceptible, plain,
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4 Tribuna
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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 Distro 10 Inc, Petitioner, MICHIGAN TAX TRIBUNAL ENTIRE TRIBUNAL v MTT Docket No. 25-001898 City Of Warren, 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 July 30, 2025, and the default has been timely cured. The documents curing the default can be reviewed through the docket search function on the Tribunal’s website at www.michigan.gov/taxtrib by inputting the docket number and clicking on the document link next to the line item entry for the documents. Therefore, IT IS ORDERED that the Default is SET ASIDE. By_________________________________ Patricia L. Halm, Tribunal Chair Entered: August 15, 2025 PROOF OF SERVICE I certify that a copy of the foregoing was sent on the entry date indicated above to the parties or their attorneys or authorized representatives, if any, utilizing either the mailing or email addresses on file, as provided by those parties, attorneys, or authorized representatives. By: Tribunal Clerk
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR MICHIGAN TAX TRIBUNAL · 611 W. OTTAWA ST., LANSING, MI 48933 · 517-335-9760 PO BOX 30232, LANSING, MI 48909 · Other Carriers: 2407 N. GRAND RIVER AVE., LANSING, MI 48906 Distro 10 Inc, Petitioner, MICHIGAN TAX TRIBUNAL ENTIRE TRIBUNAL v MTT Docket No. 25-001898 City Of Warren, 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 July 30, 2025, and the default has been timely cured. The documents curing the default can be reviewed through the docket search function on the Tribunal’s website at www.michigan.gov/taxtrib by inputting the docket number and clicking on the document link next to the line item entry for the documents. Therefore, IT IS ORDERED that the Default is SET ASIDE. By_________________________________ Patricia L. Halm, Tribunal Chair Entered: August 15, 2025 PROOF OF SERVICE I certify that a copy of the foregoing was sent on the entry date indicated above to the parties or their attorneys or authorized representatives, if any, utilizing either the mailing or email addresses on file, as provided by those parties, attorneys, or authorized representatives. By: Tribunal Clerk
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RECEIVED AUG 1 8 2025 MICHIGAN TAX TRIBUNAL STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR Distro 10 Inc, MICHIGAN TAX TRIBUNAL Petitioner, v MTT Docket No. 25-001898 City of Warren, Presiding Judge Respondent. Patricia L. Halm ORDER HOLDING PETITIONER IN DEFAULT The Tribunal has reviewed the file in this case and finds that Petitioner filed a petition on May 30, 2025, appealing Respondent's denial of Petitioner's eligible manufacturing personal property (EMPP) exemption claim under MCL 211.9m and/or MCL 211.9n. However, Petitioner did not pay the full required petition filing fee under Tribunal rules.’ Petitioner is therefore subject to default. Further, the Tribunal finds that dismissal is not appropriate at this time. Specifically, the petition was not filed within 35 days of the March Board of Review (BOR) decision as required by MCL 211.9m(2)(c). However, the BOR decision incorrectly states or implies that the appeal of commercial property was required to be filed with the Tribunal by May 31 and does not reference the more specific EMPP appeal deadline under statute. The notice of denial is not constitutionally sufficient if it does not include information about the appeal of that denial notice. Here, while information was included, that information was not correct. Petitioner did submit the petition within the time period provided by the incorrect notice. Therefore, IT IS ORDERED that Petitioner is held in DEFAULT. IT IS FURTHER ORDERED that Petitioner must complete the following to cure the default: pay the remaining petition filing fee owed. The foregoing must be filed with the Tribunal within 14 days of entry of this Order. 1 The state equalized and taxable values in dispute are each $1,450,000. See Petitioner's Petition at Exhibit D. Those amounts require the payment of a $600.00 petition filin
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MTT Docket No. 25-001898 Page 2 of 2 Failure to comply with this order will result in Petitioner being required to file a motion to set aside the default (with appropriate filing fee). ) vl Entered: July 30, 2025 By alice Hatin bw/am PROOF OF SERVICE | 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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Distro 10 Inc. 21445 Hoover Road 5 ALG 2025 PLS ; — Suite 101 AG - 4 i Warren, MI 48089 8/ State of Michigan Michigan Tax Tribunal PO Box 30232 Lansing, MI 48909
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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 Distro 10 Inc, MICHIGAN TAX TRIBUNAL Petitioner, v MTT Docket No. 25-001898 City of Warren, Presiding Judge Respondent. Patricia L. Halm ORDER HOLDING PETITIONER IN DEFAULT The Tribunal has reviewed the file in this case and finds that Petitioner filed a petition on May 30, 2025, appealing Respondent’s denial of Petitioner’s eligible manufacturing personal property (EMPP) exemption claim under MCL 211.9m and/or MCL 211.9n. However, Petitioner did not pay the full required petition filing fee under Tribunal rules.1 Petitioner is therefore subject to default.2 Further, the Tribunal finds that dismissal is not appropriate at this time. Specifically, the petition was not filed within 35 days of the March Board of Review (BOR) decision as required by MCL 211.9m(2)(c). However, the BOR decision incorrectly states or implies that the appeal of commercial property was required to be filed with the Tribunal by May 31 and does not reference the more specific EMPP appeal deadline under statute. The notice of denial is not constitutionally sufficient if it does not include information about the appeal of that denial notice.3 Here, while information was included, that information was not correct. Petitioner did submit the petition within the time period provided by the incorrect notice. Therefore, IT IS ORDERED that Petitioner is held in DEFAULT. IT IS FURTHER ORDERED that Petitioner must complete the following to cure the default: pay the remaining petition filing fee owed. The foregoing must be filed with the Tribunal within 14 days of entry of this Order.4 1 The state equalized and taxable values in dispute are each $1,450,000. See Petitioner’s Petition at Exhibit D. Those amounts require the payment of a $600.00 petition filing fee. See TTR 223(2)(a)(ii). Petitioner’s petition filing included a $150.00 filing fee, leaving $450.00 owed. 2 See TTR 237. 3 See SixArp LLC v Byron Twp, __ NW3d __ (2025 WL 921773) (2025). 4 “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
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MTT Docket No. 25-001898 Page 2 of 2 Failure to comply with this order will result in Petitioner being required to file a motion to set aside the default (with appropriate filing fee). Entered: July 30, 2025 By _____________________________ bw/am 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 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
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STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN TAX TRIBUNAL DISTRO 10 INC. MTT Docket No. 25- Petitioner, Parcel Nos. 12-99-02-217-200 v. CITY OF WARREN, Respondent. Alan Shamoun (P76992) Jamila J Garmo (P85952) General Counsel Attorneys for Petitioner 21445 Hoover Road Suite 101 Warren, Michigan 48089 Direct: (248)808-5222 Email: alan@mgmt10.com Tax Year 2025 Petition of Personal Property Classification Petitioner, Distro 10, Inc. (“Petitioner”), by and through their General Counsel, Alan Shamoun and Jamila J. Garmo. for their Petition against Respondent, City of Warren, state as follows: Subject Personal Property 1. Petitioner is a Michigan corporation.
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99-02-217-200, located at 21445 Hoover Road, Suite 302, Warren, Michigan 48089 (the “Subject Personal Property”). 4. Petitioner is identified as the taxpayer on the assessment roll for the Subject Personal Property. 5. Petitioner is a party in interest with respect to the taxable status and property tax assessment of the Subject Personal Property under MCL 205.735a(6). 6. For tax year 2025, the Subject Personal Property was classified “Commercial Personal.” 7. The Subject Personal Property was designed and presently used for industrial processing purposes. 8. In particular, Petitioner’s use of the Subject Personal Property is in a state and city licensed marijuana processing facility where raw plant products are processed and made into fully compliant finished products ready for human consumption. 9. Respondent, City of Warren (the “City™), is a city located in Macomb County, Michigan. General Allegations 10. Petitioner, operates a cannabis processing facility operation at the Subject Real Property pursuant to sued medical and adult-use Licenses (AU-P-000416 & PR-000333), issued by the State of Michigan (the “Processing Facility”).
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Michigan. 12. In particular, the Subject Personal Property includes, for example, (i) a C1D1 and C1D2 extraction booths with extraction equipment using both Ethanol and Butane for marijuana extraction; (ii) cart filling machines to make marijuana vape carts; (iii) a number of marijuana injection machines which inject processed marijuana concentrates into marijuana flower pre- rolls; and (4) machinery to take raw marijuana flower and turn it into pre-rolls. 13. The subject personal property is actually used in industrial processing operations. 2025 Assessment Protest to the Board of Review and Jurisdiction 14. On February 20, 2025, Petitioner timely filed the “Eligible Manufacturing Personal Property Tax Exemption Claim, Personal Property Statement and Report of Fair Market Value of Qualified New and Previously Existing Personal Property” (Form 5278) (Exhibit A). 15. Respondent issued an Assessor Denial letter of Form 5278 on March 3, 2025 (Exhibit B). 16. Petitioner then filed an appeal of the Denial of Form 5278 for the Subject Personal Property with the March Board of Review on March 14, 2025 (Exhibit C). 17. Petitioner timely submitted a protest to the Board in which it sought a change of the taxable status of the Subject Personal Property as exempt (a) under MCL 211.9(m) and MCL 211.9(n) based on the Subject Personal Property’s use in industrial processing. 18. The Board issued its decision, denying Petitioner’s Protest. (Exhibit D) 19. Petitioner now appeals the Board’s decision.
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Property Exemption under MCL 211.9m and MCL 211.9n 22. Petitioners reallege and incorporate by reference the allegations made above and below as though restated herein. 23. This count involves issues relating to: (a) uniformity and (b) exemption. 24. Petitioner claims the Subject Personal Property
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Resp
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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 Distro 10 Inc, Petitioner, MICHIGAN TAX TRIBUNAL v MTT Docket No.: 25-001898 City Of Warren, Respondent. NOTICE OF DOCKET NUMBER TAKE NOTICE that an Entire Tribunal petition has been filed and the above-noted docket number has been assigned to that petition. This docket number shall be noted on the petition and the petition shall be served within 45 days of the issuance of this notice, as required by TTR 227 and MCL 205.735a, even if the petition was served when filed. A proof of service shall also be filed with the Tribunal within 45 days of the issuance of this notice evidencing the service of the petition. If you submitted a proof of service with the petition, you must still serve the petition and file a second proof of service including the docket number, pursuant to this notice. Failure to serve the petition and file a proof of service within 45 days of the issuance of the notice may result in the dismissal of this case. Under TTR 235(1), “[t]he respondent shall file an answer or responsive motion within 28 days after the date of service of the petition with noted docket number.” Failure to do so will result in Respondent being placed in default. The docket number also needs to be noted on all other documents submitted in this case. Further, the assignment of the docket number does not mean that the Tribunal has authority over the petition or that the petition complies with statutory requirements or the Tribunal’s rules. By: __Tribunal Clerk________ Entered: July 30, 2025 PROOF OF SERVICE I certify that a copy of the foregoing was sent on the entry date indicated above to the parties or their attorneys or authorized representatives, if any, utilizing either the mailing or email addresses on file, as provided by those parties, attorneys, or authorized representatives. By: Tribunal Clerk
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STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN TAX TRIBUNAL DISTRO 10, INC., Petitioner, v CITY OF WARREN, Respondent. Docket No. 25-001898 Parcel No. 12-99-02-217-200 _____________________________________________________________________________/ ALAN SHAMOUN (P76992) JAMILA J. GARMO (P85952) Attorneys for Petitioners 21445 Hoover Road, Suite 101 Warren, MI 48089 (248)808-5222 LAURA M. HALLAHAN (P42101) SETH A. O’LOUGHLIN (P80257) KELSEA M. MELCHER (P85821) HALLAHAN & ASSOCIATES, P.C. Attorneys for Respondent 1750 S. Telegraph Road, Suite 202 Bloomfield Hills, MI 48302 (248) 731-3089 _____________________________________________________________________________/ ANSWER TO PETITION AND AFFIRMATIVE DEFENSES ANSWER Respondent, City of Warren, by and through its attorneys, Hallahan & Associates, P.C., responds to the allegations made in Petitioner’s Petition as follows: Subject Personal Property 1. Respondent lacks the information and knowledge necessary to respond to the truth of the allegations set forth in Paragraph 1 and, therefore, leaves Petitioner to its proofs.
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2 2. Respondent admits the allegations in Paragraph 2 as to property type and address but lacks the information and knowledge necessary to respond to the truth of the remaining allegations set forth in Paragraph 2 and, therefore, leaves Petitioner to its proofs. 3. Respondent admits the allegations in Paragraph 3 as to property type, location, and parcel number. Respondent lacks the information and knowledge necessary to respond to the truth of the remainder of the allegations set forth in Paragraph 3 and, therefore, leaves Petitioner to its proofs. 4. Respondents admit the allegations in Paragraph 4. 5. Respondent lacks the information and knowledge necessary to respond to the truth of the allegations set forth in Paragraph 5 and, therefore, leaves Petitioner to its proofs. 6. Respondent admits the allegations in Paragraph 6. 7. Respondent denies that the subject property was used for industrial processing during the year in dispute. Respondent lacks the information and knowledge necessary to respond to the truth of the remainder of the allegations set forth in Paragraph 7 and, therefore, leaves Petitioner to its proofs. 8. Respondent lacks the information and knowledge necessary to respond to the truth of the allegations set forth in Paragraph 8 and, therefore, leaves Petitioner to its proofs. 9. Respondent admits the allegations in Paragraph 9. General Allegations 10. Respondent lacks the information and knowledge necessary to respond to the truth of the allegations set forth in Paragraph 10 and, therefore, leaves Petitioner to its proofs. 11. Respondent lacks the information and knowledge necessary to respond to the truth of the allegations set forth in Paragraph 11 and, therefore, leaves Petitioner to its proofs.
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3 12. Respondent admits the subject parcel encompasses certain equipment but lacks the information and knowledge necessary to respond to the truth of the remainder of the allegations set forth and therefore leaves Petitioner to its proofs. 13. Respondent denies the allegations in Paragraph 13 for the reasons stated in the preceding and proceeding paragraphs. 2025 Assessment Protest to the Board of Review and Jurisdiction 14. Respondent neither admits nor denies the allegations in Paragraph 14 as Petitioner’s filings and General Property Tax Act speak for themselves. 15. Respondent admits the allegations in Paragraph 15. 16. Respondent neither admits nor denies the allegations in Paragraph 16 as Petitioner’s filing speak for themselves. 17. Respondent admits
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4 21.
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR Entire Tribunal Case Information Sheet - Respondent MOAHR DOCKET NO. 25-001898 Section 1: Respondent’s Contact Information Filer Type: Local Unit of Government City Of Warren (MACOMB) Local Unit of Government/First Name M.I. Last Name Home Address (No., Street, P.O. Box or Rural Route) City or Town State Michigan ZIP Code Telephone Number Fax Number E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) Section 2: Attorney/Authorized Representative’s Contact Information First Name Laura M.I. M Last Name Hallahan Firm Name (if any) Hallahan & Associates, P.C. Address (No., Street, P.O. Box or Rural Route) 1750 S. Telegraph Road, Suite 202 City or Town Bloomfield Hills State Michigan ZIP Code 48302 Telephone Number 248-731-3087 Fax Number E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) MTT@hallahanlaw.com Electronic Signature *Typing your name below will serve as your signature Respondent or Authorized Attorney/Representative’s Signature: Kelsea M. Melcher /s/
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STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN TAX TRIBUNAL DISTRO 10 INC., MTT Docket No. 25- 001898 Petitioner, Parcel Nos. 12-99-02-217-200 v. CITY OF WARREN, Respondent. Alan Shamoun (P76992) Jamila J Garmo (P85952) General Counsel Attorneys for Petitioner 21445 Hoover Road Suite 101 Warren, Michigan 48089 Direct: (248)808-5222 Email: alan@mgmt10.com Proof of Service Alan Shamoun states that on May 30, 2025, he served a copy of Petitioner’s Petition, with the docket number relative to the above captioned matter upon the parties named in the attached list: FF = Alan Shamota— 001898
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BY CERTIFIED UNITED STATES MAIL, RETURN RECEIPT REQUESTED: Clerk City Of Warren One City Square Warren, MI 48093 Assessor City of Warren One City Square Warren, MI 48093 AND BY FIRST-CLASS UNITED STATES MAIL: Clerk Macomb County Attn: F. Krycia Adm Bldg. 1 S. Main St., 8th Floor Mt. Clemens, MI 48043 Director Of Equalization Macomb County Attn: F. Krycia Adm Bldg. 1 S. Main St., 8th Floor Mt. Clemens, MI 48043 Secretary Of School Board Warren Consolidated School District (Macomb) 31300 Anita Drive Warren, MI 48093-1697 State Treasurer Michigan Department Of Treasury Treasury Building 430 W. Allegan St. Lansing, MI 48922
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STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN TAX TRIBUNAL DISTRO 10 INC. MTT Docket No. 25- Petitioner, Parcel Nos. 12-99-02-217-200 v. CITY OF WARREN, Respondent. Alan Shamoun (P76992) Jamila J Garmo (P85952) General Counsel Attorneys for Petitioner 21445 Hoover Road Suite 101 Warren, Michigan 48089 Direct: (248)808-5222 Email: alan@mgmt10.com Tax Year 2025 Petition of Personal Property Classification Petitioner, Distro 10, Inc. (“Petitioner”), by and through their General Counsel, Alan Shamoun and Jamila J. Garmo. for their Petition against Respondent, City of Warren, state as follows: Subject Personal Property 1. Petitioner is a Michigan corporation.
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99-02-217-200, located at 21445 Hoover Road, Suite 302, Warren, Michigan 48089 (the “Subject Personal Property”). 4. Petitioner is identified as the taxpayer on the assessment roll for the Subject Personal Property. 5. Petitioner is a party in interest with respect to the taxable status and property tax assessment of the Subject Personal Property under MCL 205.735a(6). 6. For tax year 2025, the Subject Personal Property was classified “Commercial Personal.” 7. The Subject Personal Property was designed and presently used for industrial processing purposes. 8. In particular, Petitioner’s use of the Subject Personal Property is in a state and city licensed marijuana processing facility where raw plant products are processed and made into fully compliant finished products ready for human consumption. 9. Respondent, City of Warren (the “City™), is a city located in Macomb County, Michigan. General Allegations 10. Petitioner, operates a cannabis processing facility operation at the Subject Real Property pursuant to sued medical and adult-use Licenses (AU-P-000416 & PR-000333), issued by the State of Michigan (the “Processing Facility”).
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Michigan. 12. In particular, the Subject Personal Property includes, for example, (i) a C1D1 and C1D2 extraction booths with extraction equipment using both Ethanol and Butane for marijuana extraction; (ii) cart filling machines to make marijuana vape carts; (iii) a number of marijuana injection machines which inject processed marijuana concentrates into marijuana flower pre- rolls; and (4) machinery to take raw marijuana flower and turn it into pre-rolls. 13. The subject personal property is actually used in industrial processing operations. 2025 Assessment Protest to the Board of Review and Jurisdiction 14. On February 20, 2025, Petitioner timely filed the “Eligible Manufacturing Personal Property Tax Exemption Claim, Personal Property Statement and Report of Fair Market Value of Qualified New and Previously Existing Personal Property” (Form 5278) (Exhibit A). 15. Respondent issued an Assessor Denial letter of Form 5278 on March 3, 2025 (Exhibit B). 16. Petitioner then filed an appeal of the Denial of Form 5278 for the Subject Personal Property with the March Board of Review on March 14, 2025 (Exhibit C). 17. Petitioner timely submitted a protest to the Board in which it sought a change of the taxable status of the Subject Personal Property as exempt (a) under MCL 211.9(m) and MCL 211.9(n) based on the Subject Personal Property’s use in industrial processing. 18. The Board issued its decision, denying Petitioner’s Protest. (Exhibit D) 19. Petitioner now appeals the Board’s decision.
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Property Exemption under MCL 211.9m and MCL 211.9n 22. Petitioners reallege and incorporate by reference the allegations made above and below as though restated herein. 23. This count involves issues relating to: (a) uniformity and (b) exemption. 24. Petitioner claims the Subject Personal Property
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Resp
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR Entire Tribunal Case Information Sheet - Petitioner MOAHR DOCKET NO. Section 1: Petitioner’s Contact Information Filer type: Organization First Name/Company Name M.I. Last Name Distro 10 Inc. Home Address (No., Street, P.O. Box or Rural Route) 21445 Hoover Road Suite 101 City or Town Warren State Michigan ZIP Code 48089 Telephone Number 2488085222 Fax Number E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) jamie@mgmt10.com Section 2: Attorney/Authorized Representative’s Contact Information First Name Alan M.I. Last Name Shamoun Firm Name (if any) Address (No., Street, P.O. Box or Rural Route) 21445 Hoover Road Suite 101 City or Town Warren State Michigan ZIP Code 48089 Telephone Number 248-808-5222 Fax Number E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) alan@mgmt10.com Section 5: Issue Please designate one: Classification – Fill out Sections 4, & 9 below Section 6: Subject Property Information How many parcels are you appealing?1 Property Address (No., Street, City, ST, ZIP) [If multiple, list first property’s address] 21445 Hoover Road Suite 302 Warren Michigan 48089 Taxing Authority (City or Township) City Of Warren (MACOMB) County Macomb If you are appealing more than one parcel, are they contiguous or adjoining? (*If no, you must file separate appeals for each non-contiguous or non-adjoining parcel.)
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR Section 7: Check which of the following you are appealing (check all that apply) Section 8: Valuation Information for Each Parcel under Appeal Parcel Number: Classification of Property: Current Assessed Value (also known as State Equalized Value) as established by the Board of Review: Current Taxable Value as established by the Board of Review: What do you believe is the fair market value (also known as True Cash Value)? Multiply the True Cash Value by 50% and enter here. This is your contention of Assessed Value (also known as State Equalized Value). If you belive the Taxable Value differs from your contention of Assessed Value, enter your contention of Taxable Value. Section 9: Assessment Information Type of Tax Assessment(s): Assessment Number(s): Check all that is being appealed: Check what action prompted this appeal: If “other,” please explain: Section 10: Special Assessment Information Type of Special Assessment: Did you protest the special assessment at the hearing held to confirm the special assessment roll? If Yes, what was the date of the hearing held to confirm the special assessment roll? If No, please explain: Section 11: Classification Information Parcel Number: 12-99-02-217-200 Current Classification of Property as established by Board of Review: Personal Commercial What do you believe is the property’s classification? Personal Industrial
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR If improved property, how is the property currently being used? Manufacturing marijuana products for consumption If improved property, for what use was the property designed? Manufacturing marijuana products for consumption Fee Information The filing fee is based on the greater of 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. If the State Equalized
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