Feras Nahhas, Petitioner V City Of Dearborn, Respondent
- Petitioner
- Feras Nahhas
- Respondent
- City Of Dearborn
Case overview
- Docket number
- 24-003763-TT
- Status
- Disposed
- CaseType
- SC Property
- Division
- Small Claims Division
- County
- Wayne
- Judge
- No judge assigned
Docket history
| Line # | Subject | Filer | Line Ref | Enter Date/Post Mark | Fee | Related Item |
|---|---|---|---|---|---|---|
| 9 | Order of Dismissal | Not recorded | Not recorded | 12/12/2024 | Not recorded | Download |
| 8 | Notice of Filing | Not recorded | Not recorded | 12/11/2024 | Not recorded | Download |
| 7 | Order extending default | Not recorded | Not recorded | 11/13/2024 | Not recorded | Download |
| 6 | Attachments to the Answer were filed | Not recorded | Not recorded | 10/23/2024 | Not recorded | Download |
| 5 | Answer was received | Not recorded | Not recorded | 10/23/2024 | Not recorded | Download |
| 4 | Order of Default of Petitioner | Not recorded | Not recorded | 10/11/2024 | Not recorded | Download |
| 3 | Petition has been verified | PET | 1 | 10/11/2024 | Not recorded | Download |
| 2 | Notice of Docket Number SC | Not recorded | Not recorded | 10/11/2024 | Not recorded | Download |
| 1 | A petition was received. | PET | Not recorded | 07/30/2024 | $0.00 | 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 Feras Nahhas, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003763 City of Dearborn, Presiding Judge Respondent. Patricia L. Halm ORDER OF DISMISSAL The Tribunal has considered the file in this case and finds that Petitioner was placed in default on October 11, 2024, because Petitioner filed an outdated Tribunal petition form. On November 13, 2024, the Tribunal extended the time for Petitioner to cure the default by an additional 14 days and they have failed to respond. Petitioner has not complied with either order, and the latter stated that “failure to comply with this Order shall result in the dismissal of the case . . .” and referenced Grimm v Dep’t of Treasury.1 In Grimm, the Michigan Court of Appeals summarized factors that the Tribunal should consider before imposing the sanction of dismissal. Those factors are: (1) whether the violation was wilful or accidental; (2) the party's history of refusing to comply with previous court orders; (3) the prejudice to the opposing party; (4) whether there exists a history of deliberate delay; (5) the degree of compliance with other parts of the court's orders; (6) attempts to cure the defect; and (7) whether a lesser sanction would better serve the interests of justice.2 Here, Petitioner’s failure to comply with multiple orders has established a history of deliberate delay. As a result, giving careful consideration to the factors involved and considering all options in determining what sanction is just and proper, the Tribunal finds that dismissal is appropriate, and a lesser sanction would not be appropriate in light of Petitioner’s history of noncompliance in this case. Therefore, IT IS ORDERED that this case is DISMISSED. This Order resolves all pending claims in this matter and closes this case. 1 Grimm v Dep’t of Treasury, 291 Mich App 140 (2010). 2 Id. at 149.
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MTT Docket No. 24-003763 Page 2 of 2 APPEAL RIGHTS If you disagree with the final decision in this case, you may file a motion for reconsideration with the Tribunal or a claim of appeal with the Michigan Court of Appeals. A motion for reconsideration must be filed with the Tribunal with the required filing fee within 21 days from the date of entry of the final decision. Because the final decision closes the case, the motion cannot be filed through the Tribunal’s web-based e-filing system; it must be filed by mail or personal service. The fee for the filing of such motions is $50.00 in the Entire Tribunal and $25.00 in the Small Claims Division, unless the Small Claims decision relates to the valuation of property and the property had a principal residence exemption of at least 50% at the time the petition was filed or the decision relates to the grant or denial of a poverty or disabled veterans exemption and, if so, there is no filing fee. You are required to serve a copy of the motion on the opposing party by mail or personal service or by email if the opposing party agrees to electronic service, and proof demonstrating that service must be submitted with the motion. Responses to motions for reconsideration are prohibited and there are no oral arguments unless otherwise ordered by the Tribunal. Alternatively, you may file a claim of appeal with the Michigan Court of Appeals. If the claim is filed within 21 days of the entry of the final decision, it is an “appeal of right.” If the claim is filed more than 21 days after the entry of the final decision, it is an “appeal by leave.” A copy of the claim of appeal must be filed with the Tribunal to certify the record on appeal. There is no certification fee. Entered: December 12, 2024 By _____________________________ smm/jcr PROOF OF SERVICE I certify that a copy of the foregoing was sent on the entry date indicated above to the parties or their attorneys or authorized representatives, if any, utilizing either the mailing or email addresses on file, as provided by those parties, attorneys, or authorized representatives. By: Tribunal Clerk
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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 Feras Nahhas, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003763 City Of Dearborn, 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. 24-003763 Page 2 of 6 If you have any questions, please contact the Tribunal by phone at (517) 335-9760 or email taxtrib@michigan.gov. By: Tribunal Clerk Entered: December 11, 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 Feras Nahhas, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003763 City Of Dearborn, Respondent. NOTICE OF FILING TAKE NOTICE that a Small Claims answer has been filed and the electronic copy of the answer can be reviewed by utilizing the Docket Lookup on the Tribunal’s website. Unless Respondent was defaulted, this case is ready to be scheduled for a Small Claims hearing and will be scheduled in the normal course of scheduling. You will receive a Notice of Hearing from the Tribunal by e-mail if you have identified an email address in the petition or other documentation. The Notice of Hearing will inform you of the date, time, and location of your hearing (note that your hearing will likely be conducted by telephone). Please read the Notice of Hearing as it includes important information. EVIDENCE: Parties are required to submit all evidence to the Tribunal and send a copy to the opposing party at least 21 days before the hearing date even if the documents had been submitted to the local Board of Review or the Michigan Department of Treasury. If the documents are not timely submitted to the Tribunal and served on the opposing party, the documents may be excluded. Documents may be filed with the Tribunal by mail or through the Tribunal’s e-filing system. Documents may be sent to the opposing party by mail or by e-mail, if the parties agree to service by e-mail. Alternate Dispute Resolution Options INFORMAL SETTLEMENT CONFERENCE: Parties have the option of handling this case through an informal settlement conference. An informal settlement conference is a meeting between the parties and/or their representatives to discuss the issues in a case in an effort to settle the case. This process may be an alternative to a hearing with a judge and may result in the parties’ filing a Joint Stipulation for Entry of Consent Judgment. Visit the Tribunal’s ADR webpage for more information. MEDIATION: Parties have the option of handling this case through mediation. Mediation is a voluntary process where a mediator facilitates communication between the parties, assists in identifying issues, and helps explore solutions to promote a mutually acceptable settlement. This process may be an alternative to a hearing with a judge and may result in the parties’ filing a Joint Stipulation for Entry of Consent Judgment. Visit the Tribunal’s ADR webpage for more
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MTT Docket
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S
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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 Feras Nahhas, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003763 City Of Dearborn, Respondent. ORDER EXTENDING TIME FOR PETITIONER TO CURE DEFAULT The Tribunal has considered the file in the above-captioned case and finds that it entered an order holding Petitioner in default on October 11, 2024.1 Petitioner was required to cure the default within 14 days. Petitioner has had ample time to comply, yet has failed to respond or submit the required filings. Though the Tribunal finds an extension of time to cure the default appropriate, Petitioner’s failure to comply with Tribunal orders and its Rules of Practice and Procedure has established a history of deliberate delay that would justify dismissal of the case for failure to timely comply with this Order.2 Therefore, IT IS ORDERED that the time for Petitioner to cure the default is EXTENDED. IT IS FURTHER ORDERED that Petitioner must complete the following to cure the default: (1) file the documentation and/or petition filing fee required by the October 11, 2024 default order, (2) file a Motion to Set Aside Default, (3) pay the $25.00 Motion fee, and (4) file proof the Motion and a copy of the documentation and/or petition filing fee were served on Respondent. The foregoing must be filed with the Tribunal within 14 days of the entry of this Order. Failure to comply with this Order may result in dismissal of the case, as provided by TTR 231.3 By:___________________________________ Patricia L. Halm, Tribunal Chair Entered: November 13, 2024 1 The Order further stated, “Failure to comply with this Order will result in the defaulted party being required to file a motion to set aside the default (with appropriate filing fee).” 2 See Grimm v Dep’t of Treasury, 291 Mich App 140 (2010). 3 See also MCL 205.732.
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MTT Docket No. 24-003763 Page 2 of 6 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 Feras Nahhas, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003763 City Of Dearborn, Respondent. ORDER EXTENDING TIME FOR PETITIONER TO CURE DEFAULT The Tribunal has considered the file in the above-captioned case and finds that it entered an order holding Petitioner in default on October 11, 2024.4 Petitioner was required to cure the default within 14 days. Petitioner has had ample time to comply, yet has failed to respond or submit the required filings. Though the Tribunal finds an extension of time to cure the default appropriate, Petitioner’s failure to comply with Tribunal orders and its Rules of Practice and Procedure has established a history of deliberate delay that would justify dismissal of the case for failure to timely comply with this Order.5 Therefore, IT IS ORDERED that the time for Petitioner to cure the default is EXTENDED. IT IS FURTHER ORDERED that Petitioner must complete the following to cure the default: (1) file the documentation and/or petition filing fee required by the October 11, 2024 default order, (2) file a Motion to Set Aside Default, (3) pay the $25.00 Motion fee, and (4) file proof the Motion and a copy of the documentation and/or petition filing fee were served on Respondent. The foregoing must be filed with the Tribunal within 14 days of the entry of this Order. Failure to comply with this Order may result in dismissal of the case, as provided by TTR 231.6 By:___________________________________ Patricia L. Halm, Tribunal Chair Entered: November 13, 2024 4 The Order further stated, “Failure to comply with this Order will result in the defaulted party being required to file a motion to set aside the default (with appropriate filing fee).” 5 See Grimm v Dep’t of Treasury, 291 Mich App 140 (2010). 6 See also MCL 205.732.
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MTT Docket No. 24-003763 Page 4 of 6 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 Feras Nahhas, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003763 City Of Dearborn, Respondent. ORDER EXTENDING TIME FOR PETITIONER TO CURE DEFAULT The Tribunal has considered the file in the above-captioned case and finds that it entered an order holding Petitioner in default on October 11, 2024.7 Petitioner was required to cure the default within 14 days. Petitioner has had ample time to comply, yet has failed to respond or submit the required filings. Though the Tribunal finds an extension of time to cure the default appropriate, Petitioner’s failure to comply with Tribunal orders and its Rules of Practice and Procedure has established a history of deliberate
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MTT
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STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN ADMINISTRATIVE HEARING SYSTEM MICHIGAN TAX TRIBUNAL MTT Docket No.: Petitioner, v CITY OF DEARBORN, Respondent. ___________________________/ PROOF OF SERVICE On I emailed a copy of the Respondent’s Property Tax Appeal answer form for the City of Dearborn relative to the above-captioned matter to: I declare that the statement above is true to the best of my information, knowledge, and belief. Dated: ________________________________ Joseph A. Fuoco, Authorized Representative City of Dearborn – Department of Assessment 16901 Michigan Avenue, Suite 5 Dearborn, MI 48126 ______ __ __ __ __ __ __ ____ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ _ __ __ __ __ _ ____ _ ____________ Joseph A. Fu F oco, Authorized Re Feras Nahhas 24-003763 October 23, 2024 Michigan Property Tax Attorneys, P.C. October 23, 2024 Paul O'Neill paul@mipropertytaxattorneys.com
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STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN ADMINISTRATIVE HEARING SYSTEM MICHIGAN TAX TRIBUNAL Petitioner, CITY OF DEARBORN, Respondent. ___________________________/ PROOF OF SERVICE On I submitted a copy of the Respondent’s Property Tax Appeal answer form for the City of Dearborn relative to the above-captioned matter to: v. MTT Docket No.: I declare that the statement above is true to the best of my information, knowledge and belief. Dated: ________________________________ Joseph A. Fuoco, Respondent City of Dearborn – Department of Assessment 16901 Michigan Avenue, Suite 5 Dearborn, MI 48126 ______ __ __ __ __ ____ __ __ __ __ __ __ __ __ ____ __ __ _ ____ _ ____________ Joseph A. Fu F oco, Respondent Feras Nahhas 24-003763 October 23, 2024 October 23, 2024 Michigan Tax Tribunal taxtrib@michigan.gov
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR PROPERTY TAX APPEAL ANSWER FORM VALUATION / EXEMPTION / CLASSIFICATION APPEAL MTT DOCKET NO. ______________________ Section 1: Respondent’s Contact Information First Name: M.I.: Last Name/Company Name/Unit of Government: Home Address (No., Street, P.O. Box or Rural Route): County: City or Town: State: ZIP Code: Telephone Number: Fax Number: E-mail Address (do not enter unless you want MTT to send all correspondence via email): Section 2: Respondent’s Attorney/Authorized Representative’s Contact Information First Name: M.I.: Last Name: Firm Name (if any): Address (No., Street, P.O. Box or Rural Route): City or Town: State: ZIP Code: Telephone Number: Fax Number: E-mail Address (do not enter unless you want MTT to send all correspondence via email): Section 3: Subject Property Information Does the subject property have a Principal Residence Exemption of 50% or more? Yes No Are the parcels listed by Petitioner contiguous or adjoining? If not, list which parcels adjoin one another. Yes No Not Applicable 24-002681 City of Dearborn 16901 Michigan Ave. Wayne Dearborn MI 48126 313.943.2288 jfuoco@dearborn.gov Joseph A Fuoco Dearborn MI 48126 313.943.2288 jfuoco@dearborn.gov ✔ ✔ 16901 Michigan Ave.
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR Section 4: Explain Your Answer to this Appeal Section 5: Jurisdictional Issues IF PETITIONER IS APPEALING THE TRUE CASH AND/OR TAXABLE VALUES Did Petitioner protest the assessment at a Board of Review (BOR)? Yes No If yes, check which BOR Petitioner attended: March July December If no, was the Notice of Assessment properly sent to Petitioner prior to the March BOR? Yes No *Submit a copy of the Notice of Assessment with the Answer. If the July or December BOR revised the assessment(s) at issue, did it have authority? Yes No If yes, cite the Board’s authority. Was the assessment(s) at issue established as the result of a clerical error or mutual mistake of fact? Yes No If yes, explain Is Petitioner appealing from a State Tax Commission Order? Yes No If so, what is the issue date? IF PETITIONER IS APPEALING THE UNCAPPING OF TAXABLE VALUE When was the Notice of Uncapping, if applicable, issued? Under what statutory section was the Taxable Value uncapped? IF PETITIONER IS APPEALING THE DENIAL OF A POVERTY EXEMPTION Respondent will verify and review all pertinent data as well as provide further evidence, if needed, prior to the hearing. Attachment: 2024 Property Record Card, 2024 Assessment Change Notice, 2024 Board of Review Decision Letter and Proof of Service. ✔ ✔ ✔ ✔
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR Did Petitioner request a Poverty Exemption at a BOR? Yes No If Yes, check which BOR Petitioner attended: March July December List the date the BOR denied Petitioner’s Poverty Exemption: IF PETITIONER IS APPEALING THE DENIAL OF AN EXEMPTION OTHER THAN POVERTY, PRINCIPAL RESIDENCE, OR QUALIFIED AGRICULTURAL EXEMPTIONS Did Petitioner request the exemption at a BOR? Yes No If Yes, check which BOR Petitioner attended: March July 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) Agricultural Commercial Industrial Residential Timber-Cutover Developmental Utility (check one) Section 6: Valuation Information *Use the multiple parcel form for additional, contiguous parcels. Parcel Identification Number: Classification of Property: Real
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Clas
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR PROPERTY TAX APPEAL ANSWER FORM VALUATION / EXEMPTION / CLASSIFICATION APPEAL MOAHR DOCKET NO. 24-003763 Section 1: Respondent’s Contact Information Filer Type: Local Unit of Government City Of Dearborn (WAYNE) First Name M.I. Last Name/Company Name/Unit of Government Mailing Address (No., Street, P.O. Box or Rural Route) City or Town State Michigan ZIP Code Telephone Number Fax Number E-mail Address Section 2: Respondent’s Attorney/Authorized Representative’s Contact Information First Name Joseph M.I. Last Name Fuoco Firm Name (if any) Address (No., Street, P.O. Box or Rural Route) 16901 Michigan Ave STE. 5 City or Town Dearborn State Michigan ZIP Code 48126 Telephone Number 313-943-2288 Fax Number E-mail Address jfuoco@dearborn.gov Section 3: Subject Property Information Does the subject property have a Principal Residence Exemption of 50% or more? Yes Are the parcels listed by Petitioner contiguous or adjoining? If not, list which parcels adjoin one another. N/A Section 4: Explain Your Answer to this Appeal Pursuant to Michigan Tax Tribunal Rule (TTR) 277(3), you MUST submit a copy of the notice giving rise to the appeal (e.g. Board of Review Decision, Notice of Uncapping, or Assessment Change Notice) with this Small Claims Answer, if applicable. If you do not submit this document, you may be held in default.
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR Respondent will verify and review all pertinent data as well as provide further evidence, if needed, prior to the hearing. Attachment: 2024 Property Record Card, 2024 Assessment Change Notice, 2024 Board of Review Decision Letter and Proof of Service. 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 If yes, check which BOR Petitioner attended: March If no, was the Notice of Assessment properly sent to Petitioner prior to the March BOR? March*Submit a copy of the Notice of Assessment with the Answer. If the July or December BOR revised the assessment(s) at issue, did it have authority? If yes, cite the Board’s authority. Was the assessment(s) at issue established as the result of a clerical error or mutual mistake of fact? No If yes, explain. Is Petitioner appealing from a State Tax Commission Order? If so, what is the issue date? MI IF PETITIONER IS APPEALING THE UNCAPPING OF TAXABLE VALUE When was the Notice of Uncapping, if applicable, issued? Under what statutory section was the Taxable Value uncapped? IF PETITIONER IS APPEALING THE DENIAL OF A POVERTY EXEMPTION Did Petitioner request a Poverty Exemption at a BOR? If Yes, check which BOR Petitioner attended: List the date the BOR denied Petitioner’s Poverty Exemption: IF PETITIONER IS APPEALING THE DENIAL OF AN EXEMPTION OTHER THAN POVERTY, PRINCIPAL RESIDENCE, OR QUALIFIED AGRICULTURAL EXEMPTIONS
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR Did Petitioner request the exemption at the BOR? If Yes, check which BOR Petitioner attended: Tax Year(s) denied: List the date the exemption was denied: What statutory section did Petitioner request the subject property be exempt? IF PETITIONER IS APPEALING THE CLASSIFICATION OF PROPERTY What do you believe the classification should be: Section 6: Valuation Information *Use the multiple parcel form for additional, contiguous parcels. Parcel Identification Number: 820922307071 Classification of Property: Real Residential Current Assessed Value (also known as State Equalized Value) as established by the BOR: $142,900 Current Taxable Value as established by the BOR: $102,259 What do you believe is the fair market value (also known as True Cash Value)? $280,000 Multiply the True Cash Value by. 5 and enter here. This is your contention of Assessed Value. $140,000 If you believe the Taxable Value differs from your contention of Assessed Value, enter your contention of Taxable Value. $102,259 Electronic Signature *Typing your name below will serve as your signature Respondent or Attorney/Authorized Representative’s Signature: /s/ Joseph A Fuoco
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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 Feras Nahhas, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003763 City Of Dearborn, Respondent. ORDER OF DEFAULT The Tribunal has reviewed the file in the above-captioned case and finds that: Petitioner failed to file an updated Tribunal petition form. As such, the petition is not properly pending. Petitioner must complete and return a current petition form within 14 days of the entry of this Order. The petition shall note the docket number assigned by the Tribunal and if filed utilizing the Tribunal’s e-filing system, must be filed on the assigned docket number as an “Amended Petition.” Small Claims petition forms can be found on our website at www.michigan.gov/taxtrib. Therefore, IT IS ORDERED that Petitioner is HELD IN DEFAULT. IT IS FURTHER ORDERED that the defaulted party shall cure the default, as indicated above, within 14 days of the entry of this Order.i Failure to comply with this Order will result in the defaulted party being required to file a motion to set aside the default (with appropriate filing fee). By:_______________________________ Entered: October 11, 2024 Patricia L. Halm, Tribunal Chair
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MTT Docket No. 24-003763 Page 2 of 4 PROOF OF SERVICE I certify that a copy of the foregoing was sent on the entry date indicated above to the parties or their attorneys or authorized representatives, if any, utilizing either the mailing or email addresses on file, as provide by those parties, attorneys, or authorized representatives. By: Tribunal Clerk i “A submission by mail is considered filed on the date indicated by the United States Postal Service postmark on the envelope containing the submission. A submission without a postmark or with an illegible postmark is considered filed on the date the submission is received by the tribunal. A submission by commercial delivery service is considered filed on the date the submission is given to the commercial service for delivery to the tribunal as indicated by the receipt date on the package containing the submission. A submission by personal service is considered filed on the date the submission is received. A submission through the tribunal’s e-filing system by 11:59 p.m. on a business day is considered filed on that business day. A submission by email to the email address designated by the tribunal by 11:59 p.m. on a business day is considered filed on that business day. A submission on a Saturday, a Sunday, or a holiday is considered filed on the following business day, as provided by section 35a of the tax tribunal act, MCL 205.735a.” TTR 219(5)
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR MICHIGAN TAX TRIBUNAL · 611 W. OTTAWA ST., LANSING, MI 48933 · 517-335-9760 PO BOX 30232, LANSING, MI 48909 · Other Carriers: 2407 N. GRAND RIVER AVE., LANSING, MI 48906 Feras Nahhas, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003763 City Of Dearborn, Respondent. ORDER OF DEFAULT The Tribunal has reviewed the file in the above-captioned case and finds that: Petitioner failed to file an updated Tribunal petition form. As such, the petition is not properly pending. Petitioner must complete and return a current petition form within 14 days of the entry of this Order. The petition shall note the docket number assigned by the Tribunal and if filed utilizing the Tribunal’s e-filing system, must be filed on the assigned docket number as an “Amended Petition.” Small Claims petition forms can be found on our website at www.michigan.gov/taxtrib. Therefore, IT IS ORDERED that Petitioner is HELD IN DEFAULT. IT IS FURTHER ORDERED that the defaulted party shall cure the default, as indicated above, within 14 days of the entry of this Order.ii Failure to comply with this Order will result in the defaulted party being required to file a motion to set aside the default (with appropriate filing fee). By:_______________________________ Entered: October 11, 2024 Patricia L. Halm, Tribunal Chair
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MTT Docket No. 24-003763 Page 4 of 4 PROOF OF SERVICE I certify that a copy of the foregoing was sent on the entry date indicated above to the parties or their attorneys or authorized representatives, if any, utilizing either the mailing or email addresses on file, as provide by those parties, attorneys, or authorized representatives. By: Tribunal Clerk ii “A submission by mail is considered filed on the date indicated by the United States Postal Service postmark on the envelope containing the submission. A submission without a postmark or with an illegible postmark is considered filed on the date the submission is received by the tribunal. A submission by commercial delivery service is considered filed on the date the submission is given to the commercial service for delivery to the tribunal as indicated by the receipt date on the package containing the submission. A submission by personal service is considered filed on the date the submission is received. A submission through the tribunal’s e-filing system by 11:59 p.m. on a business day is considered filed on that business day. A submission by email to the email address designated by the tribunal by 11:59 p.m. on a business day is considered filed on that business day. A submission on a Saturday, a Sunday, or a holiday is considered filed on the following business day, as provided by section 35a of the tax tribunal act, MCL 205.735a.” TTR 219(5)
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Page 1
RECEIVED AUG 01 2024 Paul O'Neill paul@mipropertytaxattorneys.com July 30, 2024 Michigan Tax Tribunal P.O. Box 30232 PROPERTY TAX ATTORNEYS MICHIGAN TAX TRIBUNAL | | Lansing, MI 48909 | RE: Feras Nahhas v. City of Dearborn | Property ID No 82-09-223-071 Dear Clerk, Enclosed for filing is a Small Claims Petition in the above matter, along with a copy of the March Board of Review Decision. Sincerely yours, = 2710 A ) V 7 <a 4™W Paul T. O'Neill PTON:jb Encl.
Page 2
STATE OF MICHIGAN
DEPARTMENT OF LICENSING & REGULATORY AFFAIRS
MICHIGAN ADMINISTRATIVE HEARING SYSTEM
MICHIGAN TAX TRIBUNAL
SMALL CLAIMS DIVISION
PROPERTY TAX APPEAL PETITION FORM
VALUATION APPEAL
MTT DOCKET NO.
Section 1: Petitioner's Contact Information
First Name/Company Name
MLL
Last Name
Feras
Nahhas
Maifing Address (No., Street, P.O. Box or Rural Route}
City or Town
State
ZIP Code
Telephone Number
Fax Number
E-mail Address
Section 2: Petitioner's Attorney/Authorized Representative’s Contact information
First Name
Paul
[V3]
Last Name
O'Neill
Firm Name (if any}
Michigan Property Tax Attorneys, P.C.
Mailing Address {No., Street, P.O, Box or Rural Route}
74 West Long Lake Rd., Suite 101
City or Town
Bloomfield Hills
State
ZIP Code
Ml
48304-2770
Telephone Number
(248) 546-7600
Fax Number
(248) 546-1668
E-mail Address
paul@mipropertytaxattorneys.com
Section 3: Subject Property Information
How many parcels are you appealing?
If you are appealing more than one parcel, are they contiguous or
adjoining?
MW Yes
CJ No *if no, you must file separate appeals for each non-
contiguous or non-adjoining parcel.
any continguous parcels.
*Please use the attached multiple parcel form for information regardingPage 3
STATE OF MICHIGAN
DEPARTMENT OF LICENSING & REGULATORY AFFAIRS
MICHIGAN ADMINISTRATIVE HEARING SYSTEM
MICHIGAN TAX TRIBUNAL
SMALL CLAIMS DIVISION
Section 4: Check which of the following you are appealing
(check all that apply)
WM True Cash and Taxable Value
1 Taxable Value Only (calculation)
LJ Uncapping of Taxable Value
0
Exemption from Taxation {other than the denial of a principal residence or qualified agricultural exemption)
{J
Classification
DO
Poverty Exemption
Section 5: Please Explain the Reason for this Appeal
50% of the True Cash Value is less than the State Equalized Value and Taxable Value.
Section 6: Jurisdictional Issues
Did you protest the assessment at a Board of Review?
[ves
[No
If Yes, check which Board of Review you attended:
~~ EMarch
Duly
[December
If No, please check the applicable reason(s):
0 Assessment Change Notice was not properly sent to Petitioner
©) Appealing a purported Clerical Error or Mutual Mistake of Fact
J Appealing within 35 days of July or December Board of Review Decision
[1 Appealing within 35 days of State Tax Commission Order
J Appealing within 35 days of receipt of Notice of Uncapping
Did you request a poverty exemption at the Board of Review?
Des
No
If Yes, check which Board of Review you attended:
£March
Duly
DecemberPage 4
STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN ADMINISTRATIVE HEARING SYSTEM MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION Section 7: Valuation Information* Parcel Number: 82-09-223-01-071 Classification of Property: Realll Personal (check one) Agricultural @ Commercial B3 Industrial OJ Residential B Timber-Cutover 0 Developmental [J Utility OJ (check one) Current Assessed Value as established by the Board of Review: $142,900 Current Taxable Value as established by the Board of Review: $102,259 What do you believe is the fair market value? $136,345 What do you believe is the taxable value? $68,173 *If you are appealing multiple parcels, fill the multiple parcel form information for each contiguous parcel. Please attach the completed multiple parcel form(s) to the completed petition form prior to submission. Signature: Petitioner's Signature: Attorney or Authorized Representative’s Signature: 7). pore DD. /7 Fee Information: If you do not have a Principal Residence Exemption of at least 50% at the time of the filing of this petition, you are required to pay a filing fee for the filing of this appeal. 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, not to exceed a total filing fee od $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
Page 5
03/26/2024 04:20 60 2024 BOARD OF REVIEW DECISION OM CITY QF. RBORN DEPAR INT.OF ASSESSMENT 16901 MICHIGAN, SUITE 5 DEARBORN, M1 48126 NAME AND ADDR ESS OF OWNER OR PERSON NAMED ON AS PROPERTY IDENTIFICATION: (Parcel Code ed Propeity nddress. 1nd legal description optional 3: 820922307071 57 WEST VILLAGE LN NARHAS, FERAS STWEST VILLAGE LN DEARBORN M!4s)24 LINIT 65. BLDG F DEARBORN WEST VILLAGE ‘CONDOMINIUM WAYNE COUNTY CONDOMINIUM Sim PLAN NO, 443 this years March Board of Review. 1 to compute your assestment and taxable value. The Board has conipleted their Teview of parcel numb 82 09 223 07.071 They have made the following determi k Ton Board dof Review Comments: NO EVIDENCE NO CHANGE [2024 "BOARD OF REVIEW" ASSESSED VALUE ar the above amounts. are the same, no revi 1s hav [20m ORIGINAL TAXABLE VALUE [2024 28 “BOARD OF REVIEW" TA ADLEVALU . [2024 PRINCIPAL RESIDENCE EXEMP FION/QUALIFIED AG
Page 6
Paul
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Page 1
STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR MICHIGAN TAX TRIBUNAL · 611 W. OTTAWA ST., LANSING, MI 48933 · 517-335-9760 PO BOX 30232, LANSING, MI 48909 · Other Carriers: 2407 N. GRAND RIVER AVE., LANSING, MI 48906 Feras Nahhas, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003763 City Of Dearborn, Respondent. NOTICE OF DOCKET NUMBER TAKE NOTICE that a Small Claims petition has been filed and the above-noted docket number has been assigned to that petition. The assignment of the docket number does not mean that the Tribunal has authority over the petition or that the petition complies with the Tribunal’s rules. The docket number needs to be included on all documents submitted in this case. Respondent shall file an answer to the petition within 28 days of the issuance of a copy of this Notice to Respondent. Tribunal answer forms are available on our website at www.michigan.gov/taxtrib. Respondents must utilize the appropriate answer form. Failure to file the answer within the 28-day time frame may result in the placement of Respondent in default, as provided by TTR 279. Further, an electronic copy of the petition can be reviewed by utilizing the Docket Lookup Search on the Tribunal’s website. By: __Tribunal Clerk_____ Entered: October 11, 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 Feras Nahhas, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003763 City Of Dearborn, Respondent. NOTICE OF DOCKET NUMBER TAKE NOTICE that a Small Claims petition has been filed and the above-noted docket number has been assigned to that petition. The assignment of the docket number does not mean that the Tribunal has authority over the petition or that the petition complies with the Tribunal’s rules. The docket number needs to be included on all documents submitted in this case. Respondent shall file an answer to the petition within 28 days of the issuance of a copy of this Notice to Respondent. Tribunal answer forms are available on our website at www.michigan.gov/taxtrib. Respondents must utilize the appropriate answer form. Failure to file the answer within the 28-day time frame may result in the placement of Respondent in default, as provided by TTR 279. Further, an electronic copy of the petition can be reviewed by utilizing the Docket Lookup Search on the Tribunal’s website. By: __Tribunal Clerk_____ Entered: October 11, 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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Read document text excerpt
Page 1
RECEIVED AUG 01 2024 Paul O'Neill paul@mipropertytaxattorneys.com July 30, 2024 Michigan Tax Tribunal P.O. Box 30232 PROPERTY TAX ATTORNEYS MICHIGAN TAX TRIBUNAL | | Lansing, MI 48909 | RE: Feras Nahhas v. City of Dearborn | Property ID No 82-09-223-071 Dear Clerk, Enclosed for filing is a Small Claims Petition in the above matter, along with a copy of the March Board of Review Decision. Sincerely yours, = 2710 A ) V 7 <a 4™W Paul T. O'Neill PTON:jb Encl.
Page 2
STATE OF MICHIGAN
DEPARTMENT OF LICENSING & REGULATORY AFFAIRS
MICHIGAN ADMINISTRATIVE HEARING SYSTEM
MICHIGAN TAX TRIBUNAL
SMALL CLAIMS DIVISION
PROPERTY TAX APPEAL PETITION FORM
VALUATION APPEAL
MTT DOCKET NO.
Section 1: Petitioner's Contact Information
First Name/Company Name
MLL
Last Name
Feras
Nahhas
Maifing Address (No., Street, P.O. Box or Rural Route}
City or Town
State
ZIP Code
Telephone Number
Fax Number
E-mail Address
Section 2: Petitioner's Attorney/Authorized Representative’s Contact information
First Name
Paul
[V3]
Last Name
O'Neill
Firm Name (if any}
Michigan Property Tax Attorneys, P.C.
Mailing Address {No., Street, P.O, Box or Rural Route}
74 West Long Lake Rd., Suite 101
City or Town
Bloomfield Hills
State
ZIP Code
Ml
48304-2770
Telephone Number
(248) 546-7600
Fax Number
(248) 546-1668
E-mail Address
paul@mipropertytaxattorneys.com
Section 3: Subject Property Information
How many parcels are you appealing?
If you are appealing more than one parcel, are they contiguous or
adjoining?
MW Yes
CJ No *if no, you must file separate appeals for each non-
contiguous or non-adjoining parcel.
any continguous parcels.
*Please use the attached multiple parcel form for information regardingPage 3
STATE OF MICHIGAN
DEPARTMENT OF LICENSING & REGULATORY AFFAIRS
MICHIGAN ADMINISTRATIVE HEARING SYSTEM
MICHIGAN TAX TRIBUNAL
SMALL CLAIMS DIVISION
Section 4: Check which of the following you are appealing
(check all that apply)
WM True Cash and Taxable Value
1 Taxable Value Only (calculation)
LJ Uncapping of Taxable Value
0
Exemption from Taxation {other than the denial of a principal residence or qualified agricultural exemption)
{J
Classification
DO
Poverty Exemption
Section 5: Please Explain the Reason for this Appeal
50% of the True Cash Value is less than the State Equalized Value and Taxable Value.
Section 6: Jurisdictional Issues
Did you protest the assessment at a Board of Review?
[ves
[No
If Yes, check which Board of Review you attended:
~~ EMarch
Duly
[December
If No, please check the applicable reason(s):
0 Assessment Change Notice was not properly sent to Petitioner
©) Appealing a purported Clerical Error or Mutual Mistake of Fact
J Appealing within 35 days of July or December Board of Review Decision
[1 Appealing within 35 days of State Tax Commission Order
J Appealing within 35 days of receipt of Notice of Uncapping
Did you request a poverty exemption at the Board of Review?
Des
No
If Yes, check which Board of Review you attended:
£March
Duly
DecemberPage 4
STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN ADMINISTRATIVE HEARING SYSTEM MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION Section 7: Valuation Information* Parcel Number: 82-09-223-01-071 Classification of Property: Realll Personal (check one) Agricultural @ Commercial B3 Industrial OJ Residential B Timber-Cutover 0 Developmental [J Utility OJ (check one) Current Assessed Value as established by the Board of Review: $142,900 Current Taxable Value as established by the Board of Review: $102,259 What do you believe is the fair market value? $136,345 What do you believe is the taxable value? $68,173 *If you are appealing multiple parcels, fill the multiple parcel form information for each contiguous parcel. Please attach the completed multiple parcel form(s) to the completed petition form prior to submission. Signature: Petitioner's Signature: Attorney or Authorized Representative’s Signature: 7). pore DD. /7 Fee Information: If you do not have a Principal Residence Exemption of at least 50% at the time of the filing of this petition, you are required to pay a filing fee for the filing of this appeal. 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, not to exceed a total filing fee od $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
Page 5
03/26/2024 04:20 60 2024 BOARD OF REVIEW DECISION OM CITY QF. RBORN DEPAR INT.OF ASSESSMENT 16901 MICHIGAN, SUITE 5 DEARBORN, M1 48126 NAME AND ADDR ESS OF OWNER OR PERSON NAMED ON AS PROPERTY IDENTIFICATION: (Parcel Code ed Propeity nddress. 1nd legal description optional 3: 820922307071 57 WEST VILLAGE LN NARHAS, FERAS STWEST VILLAGE LN DEARBORN M!4s)24 LINIT 65. BLDG F DEARBORN WEST VILLAGE ‘CONDOMINIUM WAYNE COUNTY CONDOMINIUM Sim PLAN NO, 443 this years March Board of Review. 1 to compute your assestment and taxable value. The Board has conipleted their Teview of parcel numb 82 09 223 07.071 They have made the following determi k Ton Board dof Review Comments: NO EVIDENCE NO CHANGE [2024 "BOARD OF REVIEW" ASSESSED VALUE ar the above amounts. are the same, no revi 1s hav [20m ORIGINAL TAXABLE VALUE [2024 28 “BOARD OF REVIEW" TA ADLEVALU . [2024 PRINCIPAL RESIDENCE EXEMP FION/QUALIFIED AG
Page 6
Paul
These are text excerpts, not the complete document. Text recognition and reading order can contain errors. Check the PDF for complete wording, formatting, and context.