Dustin L Cupp, Christina L Cupp, Petitioners V Township Of Mendon, Respondent
- Petitioner
- Dustin L Cupp, Christina L Cupp
- Respondent
- Township Of Mendon
Case overview
- Docket number
- 25-002958-TT
- Status
- Disposed
- CaseType
- SC Property
- Division
- Small Claims Division
- County
- Saint Joseph
- Judge
- No judge assigned
Docket history
| Line # | Subject | Filer | Line Ref | Enter Date/Post Mark | Fee | Related Item |
|---|---|---|---|---|---|---|
| 6 | Order of Dismissal | Not recorded | Not recorded | 09/24/2025 | Not recorded | Download |
| 5 | Notice of Docket Number SC | Not recorded | Not recorded | 09/24/2025 | Not recorded | Download |
| 4 | Petition has been verified | Not recorded | 1 | 09/23/2025 | Not recorded | Download |
| 3 | Attachments to the Petition were filed | Not recorded | Not recorded | 07/30/2025 | Not recorded | Download |
| 2 | Attachments to the Petition were filed | Not recorded | Not recorded | 07/30/2025 | Not recorded | Download |
| 1 | A petition was received. | Not recorded | Not recorded | 07/30/2025 | $275.00 | 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 Dustin L Cupp,Christina L Cupp, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 25-002958 Township Of Mendon, Respondent. ORDER OF DISMISSAL The Tribunal has reviewed the file in the above-captioned case and finds that: The issue in this case is already pending in another case and, as such, this appeal is duplicative and shall be dismissed. Therefore, IT IS ORDERED that the case is DISMISSED. This order resolves all pending issues and closes the case. APPEAL RIGHTS If you disagree with the final decision in this case, you may file a motion for reconsideration with the Tribunal or a claim of appeal with the Michigan Court of Appeals. A motion for reconsideration must be filed with the Tribunal with the required filing fee within 21 days from the date of entry of the final decision. Because the final decision closes the case, the motion cannot be filed through the Tribunal’s web-based e-filing system; it must be filed by mail or personal service. The fee for the filing of such motions is $50.00 in the Entire Tribunal and $25.00 in the Small Claims Division, unless the Small Claims decision relates to the valuation of property and the property had a principal residence exemption of at least 50% at the time the petition was filed or the decision relates to the grant or denial of a poverty or disabled veterans exemption and, if so, there is no filing fee. You are required to serve a copy of the motion on the opposing party by mail or personal service or by email if the opposing party agrees to electronic service, and proof demonstrating that service must be submitted with the motion. Responses to motions for reconsideration are prohibited and there are no oral arguments unless otherwise ordered by the Tribunal. Alternatively, you may file a claim of appeal with the Michigan Court of Appeals. If the claim is filed within 21 days of the entry of the final decision, it is an “appeal of right.” If
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MTT Docket No. 25-002958 Page 2 of 6 the claim is filed more than 21 days after the entry of the final decision, it is an “appeal by leave.” A copy of the claim of appeal must be filed with the Tribunal to certify the record on appeal. There is no certification fee. By:___________________________________ Patricia L. Halm, Tribunal Chair Entered: September 24, 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 Dustin L Cupp,Christina L Cupp, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 25-002958 Township Of Mendon, Respondent. ORDER OF DISMISSAL The Tribunal has reviewed the file in the above-captioned case and finds that: The issue in this case is already pending in another case and, as such, this appeal is duplicative and shall be dismissed. Therefore, IT IS ORDERED that the case is DISMISSED. This order resolves all pending issues and closes the case. APPEAL RIGHTS If you disagree with the final decision in this case, you may file a motion for reconsideration with the Tribunal or a claim of appeal with the Michigan Court of Appeals. A motion for reconsideration must be filed with the Tribunal with the required filing fee within 21 days from the date of entry of the final decision. Because the final decision closes the case, the motion cannot be filed through the Tribunal’s web-based e-filing system; it must be filed by mail or personal service. The fee for the filing of such motions is $50.00 in the Entire Tribunal and $25.00 in the Small Claims Division, unless the Small Claims decision relates to the valuation of property and the property had a principal residence exemption of at least 50% at the time the petition was filed or the decision relates to the grant or denial of a poverty or disabled veterans exemption and, if so, there is no filing fee. You are required to serve a copy of the motion on the opposing party by mail or personal service or by email if the opposing party agrees to electronic service, and proof demonstrating that service must be submitted with the motion. Responses to motions for reconsideration are prohibited and there are no oral arguments unless otherwise ordered by the Tribunal. Alternatively, you may file a claim of appeal with the Michigan Court of Appeals. If the claim is filed within 21 days of the entry of the final decision, it is an “appeal of right.” If
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MTT Docket No. 25-002958 Page 4 of 6 the claim is filed more than 21 days after the entry of the final decision, it is an “appeal by leave.” A copy of the claim of appeal must be filed with the Tribunal to certify the record on appeal. There is no certification fee. By:___________________________________ Patricia L. Halm, Tribunal Chair Entered: September 24, 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
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MTT Docket
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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 Dustin L Cupp,Christina L Cupp, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 25-002958 Township Of Mendon, 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 281. 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 24, 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 Dustin L Cupp,Christina L Cupp, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 25-002958 Township Of Mendon, 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 281. 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 24, 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 Dustin L Cupp,Christina L Cupp, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 25-002958 Township Of Mendon, 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 281. 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 24, 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 ORLENE HAWKS DIRECTOR PROPERTY TAX APPEAL PETITION FORM VALUATION / EXEMPTION / CLASSIFICATION APPEAL MOAHR DOCKET NO. Do not use this form to appeal Principal Residence Exemption, Qualified Agricultural Exemption, Special Assessment, or Non-Property tax disputes. Pursuant to Michigan Tax Tribunal Rule (TTR) 277(3), you MUST submit a copy of the notice giving rise to the appeal (e.g. Board of Review Decision or Notice of Uncapping) with this Small Claims Petition, if applicable. If you do not submit this document, you may be held in default. Section 1: Petitioner’s Contact Information Filer Type: Individual First Name Dustin & Christina M.I. L. Last Name/Company Name Cupp Mailing Address (No., Street, P.O. Box or Rural Route) 51665 Osgood Road City or Town Mendon State Michigan ZIP Code 49072 Telephone Number 2695060875 Fax Number E-mail Address cuppzoey@aol.com Section 2: Petitioner’s Attorney/Authorized Representative’s Contact Information First Name Tom M.I. Last Name Dillon Firm Name (if any) Address (No., Street, P.O. Box or Rural Route) 1700 E Beltline NE, Ste 200 City or Town Grand Rapids State Michigan ZIP Code 49525 Telephone Number 616-726-2258 Fax Number E-mail Address tdillon@fosterswift.com Section 3: Subject Property Information How many parcels are you appealing? 2 If you are appealing more than one parcel, are they contiguous or adjoining? Yes *If no, you must file separate appeals for each non-contiguous or non-adjoining parcel. Property Address (No., Street, City, ST, ZIP) [If multiple, list first property’s address]
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR Michigan Taxing Authority (City or Township) Township Of Mendon (SAINT JOSEPH) County Saint Joseph Section 4: Issues Being Appealed (check all that apply) Uncapping of Taxable Value Section 5: Explain the Reason for this Appeal See Attachment A to Petition. Section 6: Jurisdictional Issues Year(s) you are appealing: 2025 Did you protest the assessment at a Board of Review (BOR)? Yes If Yes, check which BOR you attended AND upload the BOR decision: March If No, check the applicable reason(s): Did you request a Poverty Exemption at the BOR? If Yes, check which BOR considered your application AND upload the BOR decision: March July December If No, explain why: Section 7: Valuation Information *Use the multiple parcel form for additional, contiguous parcels. Parcel Identification Number: 75-010-016-012-00 Classification of Property: Real Agricultural
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR Current Assessed Value (also known as State Equalized Value) as established by the BOR: 9200 Current Taxable Value as established by the BOR: 9200 What do you believe is the fair market value (also known as True Cash Value)? 18400 Multiply the True Cash Value by .5 and enter here. This is your contention of Assessed Value (also known as State Equalized Value). 9200 If you believe the Taxable Value differs from your contention of Assessed Value, enter your contention of Taxable Value. 2654 Parcel Identification Number: 75-010-016-013-00 Classification of Property: Real Agricultural Current Assessed Value (also known as State Equalized Value) as established by the BOR: 9200 Current Taxable Value as established by the BOR: 9200 What do you believe is the fair market value (also known as True Cash Value)? 18400 Multiply the True Cash Value by .5 and enter here. This is your contention of Assessed Value (also known as State Equalized Value). 9200 If you believe the Taxable Value differs from your contention of Assessed Value, enter your contention of Taxable Value. 2654 Section 8: Classification Information *Only the MI Dep’t of Treasury may appeal this issue to the Tribunal* Parcel Identification Number: 75-010-009-018-20 Current Classification of Property as established by Board of Review: What do you believe is the property’s classification? If improved property, how is the property currently being used? If improved property, for what use was the property designed?
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR Fee Information Electronic Signature *Typing your name below will serve as your signature Petitioner or Attorney/Authorized Representative’s Signature: /s/ Thomas K. Dillon Does the subject property have a Principal Residence Exemption of at least 50% as of the date of the filing of this petition? No Are you appealing ONLY the denial of a Poverty Exemption? No If you answered yes to either or both of these questions, you are not required to pay any filing fees. The filing fee is based on the greater of the State Equalized Value or Taxable Value in contention. If you are appealing more than one parcel, the parcel with the highest State Equalized Value or Taxable Value in contention will be used to determine your filing fee, plus $25.00 will be added for each additional parcel being appealed, not to exceed a total filing fee of $1,000. If your property is residential property (see MCL 205.762) and the State Equalized Value or Taxable Value in contention is: Filing Fee is: $100,000.00 and under $125.00 $100,000.01 to $500,000.00 $200.00 $Over $500,000.00 $300.00 If your property is NOT residential property (see MCL 205.762) and the State Equalized Value or Taxable Value in contention is: Filing Fee is: $100,000.00 and under $250.00 * Plus $25.00 for each additional parcel, as indicated above. If your property is NOT residential property and the State Equalized Value or Taxable Value in contention is $100,000.01 or greater the appeal does not qualify for Small Claims. Therefore, an Entire Tribunal petition must be filed.
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ATTACHMENT B MARCH BOARD OF REVIEW DENIALS REGARDING PARCEL NOS. 75-010-016-012-00 & 75-010-016-013-00
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Michigan Department of Treasury
Form 818. Page 2
FOR BOARD OF REVIEW USE ONLY
INSTRUCTIONS: Incorporate a copy of this form and the assigned number in the Board of Review minutes.
Parcel Code
Petition Number
010016 013 00
1. ASSESSED VALUE
Disposition by Board of Review. The Board of Review must state the reason for its action below.
Denied
[[]
Assessed Value Changed From:
9,200
10:
Record of Vote - Board or three member committee of board
Chairperson:
YES
NO
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value adjusted to 50% of Market.
If you disagree with the decision of the Board of Review regarding tentative assessed value, you may appeal that decision by filing a petition with the Michigan Tax Tribunal at
PO Box 30232, Lansing Mi 48908. Commercial Real, Industrial Real, Developmental Real Commercial Personal, Industrial Personal and Utility Personal Property may be
appealed by May 31. Agricultural Real, Residential Real, Timber - Cut Over Real, and Agricultural Personal Property may be appealed by July 31. The petition must be filed on
a Michigan Tax Tribunal for or a form approved by the Michigan Tax Tribunal. Michigan Tax Tribunal forms are available at www michigan gov/taxtrib.
{ 2. TENTATIVE TAXABLE VALUE
Disposition by Board of Review. The Board of Review must state the reason for its action below
9,200
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Denied
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Tentative Taxable Value Changed From
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If you disagree with the decision of the Board of Review regarding tentative assessed value, you may appeal that dacision by filing a petition with the Michigan Tax Tribunal at
P.O Box 30232, Lansing, Mi 48909. Commercial Real. Industrial Real. Developmental Real Commercial Personal, Industrial Personal and Utility Personal Property may be
appealed by May 31. Agncultural Real, Residential Real, Timber - Cut Over Real, and Agricultural Personal Property may be appealed by July 31. The petition must be filed
on a Michigan Tax Tribunal for or a form approved by the Michigan Tax Tribunal. Michigan Tax Tribunal forms are available at www.michigan.gov/taxtib
3. CLASSIFICATION
Disposition by Board of Review. The Board of Review must state the reason for its action below.
O
Denied
O
Classification Changed From:
102
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Record of Vote - Board or three member committee of board.
Chairperson:
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Reason for Board Action
If you disagroo with the decision of the Board of Review regarding classification_appeal is made by sending Form 2167 to the State Tax Commission. P O Box 30471 Lansing, Mi 48909 by June 30
4. QUALIFIED AGRICULTURAL PROPERTY EXEMPTION
Disposition by Board of Review. The Board of Review must state the reason for its action below.
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Exemption Request Denied
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Record of Vote - Board or three member committee of board
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It you disagree with the decision of the Board of Review regarding tentative taxable value you must appeal that decision by filing a petition with the Michigan Tax Tribunal,
P.O. Box 30232 Lansing. Mi
48909 by July 31
The petition must be filed on a Michigan Tax Tribunal form or a form approved by the Michigan Tax Tribunal Michigan Tex Tribunal forms are available at www michigan. govitaxtrib.
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Michigan Department of Treasury Form 618. Page 2 FOR BOARD OF REVIEW USE ONLY INSTRUCTIONS: Incorporate a copy of this form and the assigned number in the Board of Review minutes. Parcel Code 010 016 012 00 Petition Number 1. ASSESSED VALUE Disposition by Board of Review. The Board of Review must state the reason for its action below. Denied O Assessed Value Changed From: Record of Vote - Board or three member committee of board Chairperson: [JYes [J no —__ Member [J YES [JNO —__ Member [Jves [J Noe Initials Reason for Board Action [J value assessed accurately. [J value adjusted to 50% of Market. If you disagree with the decision of the Board of Review regarding tentative assessed value, you may appeal that decision by filing a petition with the Michigan Tax Tribunal at P.O Box 30232. Lansing. Mi. 48809 Commercial Real, Industrial Real. Developmental Real Commercial Personal, Industrial Personal and Utility Personal Property may be appealed by May 31. Agricultural Real, Residential Real, Timber - Cut Over Real, and Agricultural Personal Property may be appealed by July 31. The petition must be filed on a Michigan Tax Tribunal for or a form approved by the Michigan Tax Tribunal Michigan Tax Tribunal forms are available at www michigan. gov/taxtrib F 2. TENTATIVE TAXABLE VALUE Disposition by Board of Review. The Board of Review must state the reason for its action below. A Denied Fs Tentative Taxable Value Changed From: 9,200 To Record of Vote - Board or three member comr Fe of board. ) — a ’ “2 Cd C27 g [J no Member: BJ ves [J] no — Member [X] ves F&F voli Chairperson: HX] ves fal Reason for Board Action: 0 Value adjusted for: [T] value determined to be accurate. If you disagree with the decision of the Board of Review regarding tentative assessed value, you may appeal that decision by filing a petition with the Michigan Tax Tribunal at PO Box 30232. Lansing. Mi 48909 Commercial Real,
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1 ATTACHMENT A Section 5. Reason for Appeal Property Parcel Nos.: 75-010-016-012-00 & 75-010-016-013-00 Reason for Appeal: Uncapping of Taxable Value of Qualified Agricultural Property For tax years 2024 and 2025, Property Parcel Nos. 75-010-016-012-00 and 75-010-016- 013-00 (together, the “Properties” or “Subject Properties”), were classified as Agricultural and were receiving the Qualified Agricultural Property Exemption (“QAE”). On June 3, 2024, the Petitioners purchased the Subject Properties. Dustin and Christina Cupp signed and filed Form 3676, Affidavit Attesting Qualified Agricultural Property Shall Remain Qualified Agricultural Property attesting that 100% of the Property was and will remain Qualified Agricultural Property. See Affidavit attached as Exhibit 1. According to the 2025 Notices of Assessment for the Properties, which are attached as Exhibit 2, the Properties continue to receive the QAE in 2025. Thus, there does not appear to be any dispute that the Properties are eligible for, and were actually receiving, the QAE both before and after Mr. and Mrs. Cupp acquired the Properties. Nevertheless, the Township has “uncapped” the taxable value of the Subject Properties for the 2025 tax year, contrary to Michigan law. MCL 211.27a(2)(a) provides that a property’s taxable value may increase from the previous year’s taxable value by the rate of inflation or 5%, whichever is less, unless a “transfer of ownership” occurs. “Transfer of ownership” is a defined statutory term and the Michigan Legislature has identified several situations that do not result in a “transfer of ownership.” One such exception to a “transfer of ownership” applies to transfers of qualified agricultural property so long as certain requirements are met. MCL 211.27a(7)(o) states, in relevant part, that the following is not a “transfer of ownership”: [A] transfer of qualified agricultural property, if the person to whom the qualified agricultural property is transferred files an affidavit with the assessor of the local tax collecting unit . . . attesting that the qualified agricultural property will remain qualified agricultural property. In other words, there is no “transfer of ownership” where: (1) the property being transferred is qualified agricultural property, and (2) the new owner files the Affidavit Attesting that Qualified Agricultural Property Will Remain Qualified Agricultural Property. Both conditions are satisfied for the Subject Properties. Assessment records confirm that the Properties were receiving the QAE prior to Mr. and Mrs. Cupp’s purchase in June, 2024. The Properties were “qualified agricultural property” prior
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2 to the purchase, satisfying the first condition of MCL 211.27a(7)(o). Mr. and Mrs. Cupp properly signed and filed the Affidavit Attesting that Qualified Agricultural Property Will Remain Qualified Agricultural Property on June 3, 2024. See Exhibit 1. Furthermore, the 2025 Notices of Assessment confirm that the Properties are still “qualified agricultural property” and are classified as Agricultural. See Exhibit 2. Because MCL 211.27a(7)(o) specifically provides that a transfer of qualified agricultural property is not a transfer of ownership, the Properties’ 2025 taxable values of $9,200 violate MCL 211.27a(2)(a). Petitioners respectfully request that the Tribunal revise the Subject Properties’ 2025 taxable values to be compliant with MCL 211.27a(2)(a) and 211.27a(7)(o) as follows: 75-010-016-012-00: $2,654 (2024 taxable value of $2,575 x 1.031 = $2,654). 75-010-016-013-00: $2,654 (2024 taxable value of $2,575 x 1.031 = $2,654).
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EXHIBIT 1
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DOCUMENT # 2024004135 ARRIVAL: 06/05/2024 09:54:33 AM RECORDED: 06/05/2024 09:54:41 AM DOCTYPE: A@6 PAGES: 2 Hutson Assessing Inc. JUN 1 02024 FILED FOR RECORD IN : ST JOSEPH COUNTY MICHIGAN Received LINDSAY OSWALD, REGISTER OF DEEDS EE a Affidavit Attesting Qualified Agricultural Property Shall Remain Qualified Agricultural Property 1. Street Address of Property 2. Name of County St. Joseph 3. City/Township/Village Where Real Estate is Located Mendon Ep [Il City Township [H| Village 4. Name of Property Owner(s) (Print or Type Legibly) 5. Property ID Number (from Tax Bill or Assessment Notice) Dustin L. Cupp and Christina L. Cupp 75-010-016-012-00 6. Legal Description (Legal description is required; attach additional sheets if 7. Percentage of this properly that is, and will remain Qualified Agricultural Property necessary) (Do Not Include Qualified Farest Program Property) See Exhibit A 100% 8. Daylime Telephone Number 9. E-mail Address Partial transfer under MCL 211.27a(6)(K)? See Page 2 (269) 651-4880 Ithorntonlaw@gmail.com J Yes No CERTIFICATION & NOTARIZATION (Notarization necessary for recording with Register of Deeds) | certify that the information above is true and complete to the best of my knowledge. | further certify that the property noted on this affidavit currently is, and will remain, qualified agricultural property. Must be signed by-owner, partner, corporate officer, or a duly authorized agent. Dated: June 3 ,2024 Signed NIRS Name (Printed or Type) Dustif L. Cupp Title Owner Dated: June 3 ,20.24 Signed (4a. nAong Zz Lo Name (Printed or Type) Christina L! ffm Title Owner STATE OF MICHIGAN ) ) ss. COUNTY OF ST. JOSEPH ) On this _3rd day of June , 20.24 the above-named person(s) Dustin L. Cupp & Christina L. Cupp .each personally appeared before me. Each acknowledged that the persons’ execution of this affidavit was that person's free act and deed and affirmed that the contents of this affidavit are true to the best of that person's information, knowledge and belief. ite (FE 7 BRINT/TYPE NAME: Lance L. Thornton NOTARY PUBLIC, St. Joseph County, Michigan Acting in St. Joseph County (NOTARY SEAL) My commission expires: 06/21/2030 Drafters Name __ Lance . Thorton . Ale ho rire Drafter's
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EXH
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR PROPERTY TAX APPEAL PETITION FORM VALUATION / EXEMPTION / CLASSIFICATION APPEAL MOAHR DOCKET NO. Do not use this form to appeal Principal Residence Exemption, Qualified Agricultural Exemption, Special Assessment, or Non-Property tax disputes. Pursuant to Michigan Tax Tribunal Rule (TTR) 277(3), you MUST submit a copy of the notice giving rise to the appeal (e.g. Board of Review Decision or Notice of Uncapping) with this Small Claims Petition, if applicable. If you do not submit this document, you may be held in default. Section 1: Petitioner’s Contact Information Filer Type: Individual First Name Dustin & Christina M.I. L. Last Name/Company Name Cupp Mailing Address (No., Street, P.O. Box or Rural Route) 51665 Osgood Road City or Town Mendon State Michigan ZIP Code 49072 Telephone Number 2695060875 Fax Number E-mail Address cuppzoey@aol.com Section 2: Petitioner’s Attorney/Authorized Representative’s Contact Information First Name Tom M.I. Last Name Dillon Firm Name (if any) Address (No., Street, P.O. Box or Rural Route) 1700 E Beltline NE, Ste 200 City or Town Grand Rapids State Michigan ZIP Code 49525 Telephone Number 616-726-2258 Fax Number E-mail Address tdillon@fosterswift.com Section 3: Subject Property Information How many parcels are you appealing? 2 If you are appealing more than one parcel, are they contiguous or adjoining? Yes *If no, you must file separate appeals for each non-contiguous or non-adjoining parcel. Property Address (No., Street, City, ST, ZIP) [If multiple, list first property’s address]
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR Michigan Taxing Authority (City or Township) Township Of Mendon (SAINT JOSEPH) County Saint Joseph Section 4: Issues Being Appealed (check all that apply) Uncapping of Taxable Value Section 5: Explain the Reason for this Appeal See Attachment A to Petition. Section 6: Jurisdictional Issues Year(s) you are appealing: 2025 Did you protest the assessment at a Board of Review (BOR)? Yes If Yes, check which BOR you attended AND upload the BOR decision: March If No, check the applicable reason(s): Did you request a Poverty Exemption at the BOR? If Yes, check which BOR considered your application AND upload the BOR decision: March July December If No, explain why: Section 7: Valuation Information *Use the multiple parcel form for additional, contiguous parcels. Parcel Identification Number: 75-010-016-012-00 Classification of Property: Real Agricultural
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR Current Assessed Value (also known as State Equalized Value) as established by the BOR: 9200 Current Taxable Value as established by the BOR: 9200 What do you believe is the fair market value (also known as True Cash Value)? 18400 Multiply the True Cash Value by .5 and enter here. This is your contention of Assessed Value (also known as State Equalized Value). 9200 If you believe the Taxable Value differs from your contention of Assessed Value, enter your contention of Taxable Value. 2654 Parcel Identification Number: 75-010-016-013-00 Classification of Property: Real Agricultural Current Assessed Value (also known as State Equalized Value) as established by the BOR: 9200 Current Taxable Value as established by the BOR: 9200 What do you believe is the fair market value (also known as True Cash Value)? 18400 Multiply the True Cash Value by .5 and enter here. This is your contention of Assessed Value (also known as State Equalized Value). 9200 If you believe the Taxable Value differs from your contention of Assessed Value, enter your contention of Taxable Value. 2654 Section 8: Classification Information *Only the MI Dep’t of Treasury may appeal this issue to the Tribunal* Parcel Identification Number: 75-010-009-018-20 Current Classification of Property as established by Board of Review: What do you believe is the property’s classification? If improved property, how is the property currently being used? If improved property, for what use was the property designed?
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR Fee Information Electronic Signature *Typing your name below will serve as your signature Petitioner or Attorney/Authorized Representative’s Signature: /s/ Thomas K. Dillon Does the subject property have a Principal Residence Exemption of at least 50% as of the date of the filing of this petition? No Are you appealing ONLY the denial of a Poverty Exemption? No If you answered yes to either or both of these questions, you are not required to pay any filing fees. The filing fee is based on the greater of the State Equalized Value or Taxable Value in contention. If you are appealing more than one parcel, the parcel with the highest State Equalized Value or Taxable Value in contention will be used to determine your filing fee, plus $25.00 will be added for each additional parcel being appealed, not to exceed a total filing fee of $1,000. If your property is residential property (see MCL 205.762) and the State Equalized Value or Taxable Value in contention is: Filing Fee is: $100,000.00 and under $125.00 $100,000.01 to $500,000.00 $200.00 $Over $500,000.00 $300.00 If your property is NOT residential property (see MCL 205.762) and the State Equalized Value or Taxable Value in contention is: Filing Fee is: $100,000.00 and under $250.00 * Plus $25.00 for each additional parcel, as indicated above. If your property is NOT residential property and the State Equalized Value or Taxable Value in contention is $100,000.01 or greater the appeal does not qualify for Small Claims. Therefore, an Entire Tribunal petition must be filed.
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